People Ex Rel. Moskowitz v. . Jenkins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 3, 1910, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 3, 1910, which affirmed an order of Special Term dismissing a writ of habeas corpus and remanding the relator to custody. The facts, so far as material, are stated in the opinion. Assuming the subject-matter is within the police power, yet the act must fail because it is not a valid regulation thereunder in that it denies the relator the equal protection of the laws. (U. S. Const. 14th amend. § 1; Wright v. Hart, 182 N. Y. 330; Matter of Jacobs, 98 N. Y. 98; People v. Wilbur,…
1Opinion of the Court
Cullen, Oh. J.
The relator was arrested for conducting a transient retail business in the city of G-lens Falls for the sale of goods represented and advertised as a bank- rapt stock without having obtained a license as required by section 85 of the General Municipal Law. Thereupon he sued out a writ of habeas corpus which, after a hearing on the return day, was dismissed and the relator remanded to custody. On appeal this order was affirmed at the Appellate Division by a divided court. The sole question in the case is the constitutionality of the statute and the validity of the action of the…
2Cases cited8 opinions
- Matter of Application of JacobsNew York Court of Appeals · 1885
- People v. . GillsonNew York Court of Appeals · 1888
- The People v. . MarxNew York Court of Appeals · 1885
- People Ex Rel. Schwab v. . GrantNew York Court of Appeals · 1891
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
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3Cited by33 opinions
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- N. J. Good Humor, Inc. v. Board of Commissioners of Bradley BeachSupreme Court of New Jersey · 1940
- People v. KucNew York Court of Appeals · 1936
- State v. MillerSupreme Court of Connecticut · 1940
- State v. KartusSupreme Court of Alabama · 1935
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