Legal Opinion

People Ex Rel. City of Rochester v. Briggs

New York Court of Appeals

Decided December 24, 1872PublishedCited by 145 opinions

Appeals from judgments of the General Term of the Supreme Court in the fourth judicial department, entered upon orders affirming orders of Special Term, sustaining demurrers to the complaints, and directing judgments thereon. The first action was in the nature of a quo wa/rranto.

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Appeals from judgments of the General Term of the Supreme Court in the fourth judicial department, entered upon orders affirming orders of Special Term, sustaining demurrers to the complaints, and directing judgments thereon. The first action was in the nature of a quo wa/rranto. The complaint alleged, in substance, that defendents claimed to be commissioners of public works of the city of Rochester, and by virtue of the act entitled” “An act tó amend the several acts relating to the city of Rochester ” (chap. 771, Laws of 1872) threaten to and have usurped the exclusive care and control of…

1Opinion of the Court

Church, Ch. J.

The first of the above actions is in the nature of a quo warranto to try the title of the defendants to the office of the commissioners of public works of the city of Rochester, and is based solely upon the ground that the act of the legislature, chapter 771 of the Laws of 1872, authorizing their appointment, is a violation of the 16th section of the 3d article of the Constitution of the State, which declares that “no private or local bill which may be passed shall embrace more than one subject, and that shall be expressed in the title,” and is therefore void. The act in…

2Cases cited8 opinions

  1. Davis v. StateCourt of Appeals of Maryland · 1854
  2. Brewster v. . City of SyracuseNew York Court of Appeals · 1859
  3. People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
  4. Gordon v. . CornesNew York Court of Appeals · 1872
  5. The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853

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3Cited by145 opinions

  1. Joslin Manufacturing Co. v. City of ProvidenceSupreme Court of the United States · 1923
  2. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  3. Slack v. JacobWest Virginia Supreme Court · 1875
  4. City of S. Pasadena v. Pasadena Land & Water Co.California Supreme Court · 1908
  5. State v. RogersSupreme Court of Alabama · 1894

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