Marcus Brown Holding Co. v. Pollak
District Court, S.D. New York
In Equity. Suit by the Marcus Brown Holding Company against Arnold Poliak and Edward Swann, District Attorney of the County of New York. This is a suit in equity brought by a landlord against his tenant and the district attorney of Now York to test the constitutionality of chapters 942, 943, 944, 945, 947, and 951 of the Laws of New York of 1920, constituting “Emergency Legislation” to remedy the housing situation arising during that year.
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In Equity. Suit by the Marcus Brown Holding Company against Arnold Poliak and Edward Swann, District Attorney of the County of New York. This is a suit in equity brought by a landlord against his tenant and the district attorney of Now York to test the constitutionality of chapters 942, 943, 944, 945, 947, and 951 of the Laws of New York of 1920, constituting “Emergency Legislation” to remedy the housing situation arising during that year. The bill of complaint alleges that on July 10,1918, the plaintiff’s predecessor in title leased the locus in quo, an apartment, to the defendant Poliak for…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] The motions to dismiss necessarily would raise the constitutionality of the “Emergency Legislation,” even though we were to hold that there was no jurisdiction in equity. The bill could be re-framed under section 274a of the Judicial Code (Comp. St. § 1251a), and at least as to Pollak proceed as an action of ejectment. We should, therefore, feel obliged to pass upon the merits of the contention, were it not for a defect — absolute so far as we can see — -in our substantive jurisdiction; which is that the amount in controversy does not equal $3,000 above…
2Cases cited16 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Truax v. RaichSupreme Court of the United States · 1915
- Civil Rights CasesSupreme Court of the United States · 1883
- Hammer v. DagenhartSupreme Court of the United States · 1918
- Crandall v. NevadaSupreme Court of the United States · 1868
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3Cited by9 opinions
- Hague v. Committee for Industrial OrganizationCourt of Appeals for the Third Circuit · 1939
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Cohn v. Cities Service Co.Court of Appeals for the Second Circuit · 1930
- Carroll v. SomervellCourt of Appeals for the Second Circuit · 1941
- Sterl v. SearsDistrict Court, N.D. Texas · 1950
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