Matter of Application of Dep't Public Parks
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 12, 1881, which affirmed an order of Special Term, denying a motion on the part of the corporation, in the city of New York, to set aside and vacate proceedings under the act, chapter 604, Laws of 1874, for the opening of One Hundred and Thirty-eighth and other streets in said city. Chapter 604 of the Laws of 1874 is a local act.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made September 12, 1881, which affirmed an order of Special Term, denying a motion on the part of the corporation, in the city of New York, to set aside and vacate proceedings under the act, chapter 604, Laws of 1874, for the opening of One Hundred and Thirty-eighth and other streets in said city. Chapter 604 of the Laws of 1874 is a local act. (People v. Hills, 35 N. Y. 449; People v. O’Brien, 38 id. 193; People v. Briggs, 50 id. 553; Matter of Mayer, id. 504.) The act of 1874 Chap. 604 is…
1Opinion of the CourtMiller, J.
The question in this case relates to the constitutionality of chapter 604 of the Laws of 1874, and the claim is, that being a local act the subject of opening streets is not sufficiently expressed in the title, as required by section 16 of article 3 of the Constitution. The act is entitled “ An act to provide for'the surveying, laying out and ¡ monument ing certain portions of the city and county of Hew York, and to provide means therefor.” The act not only confers power to lay out, survey and' monument, but certain provisions contained therein authorize the taking of proceedings, to acquire…
2Cases cited1 opinion
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
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- Grover v. Trustees of Ocean Grove Camp-Meeting Ass'nSupreme Court of New Jersey · 1883
- In re the Condemnation of Certain Lands for Park PurposesNew York Supreme Court · 1926
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