Legal Opinion

People v. Orange County Road Construction Co.

New York Court of Appeals

Decided April 28, 1903PublishedCited by 30 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18,1902, which reversed an order of the Orange County Court sustaining a demurrer to an "indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 18,1902, which reversed an order of the Orange County Court sustaining a demurrer to an "indictment and overruled such demurrer. The facts, so far as material, are stated in the opinion. The statute in question deprives the defendant corporation of liberty and property without due process of law, and denies to it the equal protection of the laws, and, therefore, is in conflict with the state and national constitutions. (Holden v. Hardy, 169 U. S. 366, 395, 398; People v.…

1Opinion of the CourtCullen, J.

The appellant was indicted for having in violation of subdivision 1, section 384h of the Penal Code required more than eight hours’ work for a day’s labor from certain of its employees, it being at the time a contractor witli the county of Orange for the performance of a contract entered into by the latter with the state for the improvement of a public highway. The defendajit demurred to the indictment on the ground that the facts stated therein did not constitute a ci’hne, because the section of the Penal Code quoted was unconstitutional and void. The County Court sjistained the demuri’er.…

2Cases cited14 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  3. Holden v. HardySupreme Court of the United States · 1898
  4. Matter of Application of JacobsNew York Court of Appeals · 1885
  5. Robertson v. BaldwinSupreme Court of the United States · 1897

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3Cited by30 opinions

  1. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  2. People v. . CraneNew York Court of Appeals · 1915
  3. People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
  4. Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
  5. People Ex Rel. M. Wineburgh Advertising Co. v. MurphyNew York Court of Appeals · 1909

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