Legal Opinion

Wallack v. Society for Reformation of Juvenile Delinquents

New York Court of Appeals

Decided September 19, 1876PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon an order sustaining a- demurrer to plaintiff’s complaint. The complaint alleged in substance, that plaintiff was engaged in the business of conducting and managing a place of public amusement in the city of Dew York, known as Wallack’s theatre, where public dramatic performances were exhibited.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendant, entered upon an order sustaining a- demurrer to plaintiff’s complaint. The complaint alleged in substance, that plaintiff was engaged in the business of conducting and managing a place of public amusement in the city of Dew York, known as Wallack’s theatre, where public dramatic performances were exhibited. That under and by color of the provisions of chapter 836 óf the Laws of this State, passed in the year 18J2 (which provisions plaintiff averred were…

1Opinion of the Court

Aítdbews, J.

The act, chapter 836 of the Laws of 1872, entitled “An act to regulate places of amusement in the city of Hew York,” makes it unlawful to exhibit to the public in any place within the city, a dramatic or other exhibition mentioned in the act, until a license therefor shall have been obtained from the mayor, who is authorized to gmnt such license on the payment of a specified fee. The act directs that license fees received by the mayor under the act shall he paid over by him to the treasurer of the defendant, The Society for the Reformation of Juvenile Delinquents, in the city of…

2Cases cited1 opinion

  1. West v. Mayor of New-YorkNew York Court of Chancery · 1844

3Cited by29 opinions

  1. Colson v. PelgramNew York Court of Appeals · 1932
  2. State v. . R. R.Supreme Court of North Carolina · 1907
  3. State v. Southern Railway Co.Supreme Court of North Carolina · 1907
  4. City of Denver v. BeedeSupreme Court of Colorado · 1898
  5. City of Breckenridge v. McMullenCourt of Appeals of Texas · 1923

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