Board of Health v. . Copcutt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which modified and affirmed as modified a judgment in favor of plaintiff: entered upon a decision of the court on trial at Special Term. This action was brought by the board of health of the city of Yonkers to recover penalties under the provisions of the sanitary code of said city (§ 82) and for an injunction.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which modified and affirmed as modified a judgment in favor of plaintiff: entered upon a decision of the court on trial at Special Term. This action was brought by the board of health of the city of Yonkers to recover penalties under the provisions of the sanitary code of said city (§ 82) and for an injunction. The complaint contained three counts. It alleged in substance that the defendant owned a dam upon the Hepperhan river in said city, and also owned…
1Opinion of the CourtFinch, J.
The first cause of action against the defendant,, stated in the complaint of the board of health, was for a violation of the sanitary code of the city of Yonkers, adopted in 1881, and the recovery of a penalty imposed for such violation.
The defendant, seeking a reversal of the judgment rendered against him for such penalty, contends that the sanitary code was not proved because not shown to have been subscribed by the secretary of the board of health. The original draft of the code which was before the board for adoption, and upon which that body acted, was not produced and could not be…
2Cases cited4 opinions
- The People v. . VanderbiltNew York Court of Appeals · 1863
- Babcock v. . City of BuffaloNew York Court of Appeals · 1874
- People v. VanderbiltNew York Supreme Court · 1862
- City of Rochester v. SimpsonNew York Supreme Court · 1890
3Cited by8 opinions
- New York Trap Rock Corp. v. Town of ClarkstownNew York Court of Appeals · 1949
- County of Sullivan v. FilippoNew York Supreme Court · 1970
- Inhabitants of Houlton v. TitcombSupreme Judicial Court of Maine · 1906
- City of Waterloo v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1910
- State v. Fermenta ASC Corp.New York Supreme Court · 1995
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