Legal Opinion

Bigelow v. Drummond

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904Published

Appeal by the plaintiffs, Clarence O. Bigelow and others, as and constituting the State Board of Pharmacy, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 14th day of March, 1904, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the plaintiffs’ demurrer to the second defense to the third cause of action contained in the defendant’s…

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Appeal by the plaintiffs, Clarence O. Bigelow and others, as and constituting the State Board of Pharmacy, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the 14th day of March, 1904, upon the decision of the court, rendered after a trial at the Oneida Special Term, overruling the plaintiffs’ demurrer to the second defense to the third cause of action contained in the defendant’s answer, and also from an order entered in said clerk’s office on the 12th day of March, 1904, upon which said judgment…

1Opinion of the Court

Spring, J.:

The action is commenced by the State Board of Pharmacy to recover three penalties of twenty-five dollars each for alleged violations of section 196 of the Public Health Law (Laws of 1893, chap. 661, as amd. by Laws of 1900, chap. 667).

The complaint contains an introductory statement showing plaintiffs’ authority to maintain the action and alleges that the plaintiffs constitute the State Board of Pharmacy and have been *501duly authorized by said board to bring this action. It then contains three causes of action setting forth in numbered paragraphs the essential facts and those which…

2Cases cited1 opinion

  1. Wallace v. JonesAppellate Division of the Supreme Court of the State of New York · 1902

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