Legal Opinion

Manchester & Hull v. Herrington

New York Court of Appeals

Decided July 1, 1854PublishedCited by 1 opinion

This suit was commenced in March, 1847, in the, names of David Denison and Ray Greene, then overseers of the poor of the town of Berlin, in the county of Rensselaer, to recover various penalties alleged to have been incurred by the defendant, under § 15, title 9, ch. 20, part 1 of the Revised Statutes."

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This suit was commenced in March, 1847, in the, names of David Denison and Ray Greene, then overseers of the poor of the town of Berlin, in the county of Rensselaer, to recover various penalties alleged to have been incurred by the defendant, under § 15, title 9, ch. 20, part 1 of the Revised Statutes." The declaration was framed in debt, pursuant to the provisions of § 10, title 6, ch. 8, part 3 of the Revised Statutes, and contained a number of counts, alleging the indebtedness .as of the-19th of March, 1847, each count concluding with a demand of $25, “ according to the provisions of § 15,…

1Opinion of the Court

Selden, J.,

delivered the unanimous opinion of the court.

I am unable to discover any plausible reason for contending that the section of the Revised Statutes upon which this *167action is founded was repealed or suspended by the act of 1845. Section 9 of the latter act repeals all laws conflicting with its provisions: The only section of this act with which it can be claimed that the section of the Revised Statutes in question in any way conflicts is the 5th, which declares that whenever any town shall determine, pursuant to the provisions of that act, that no license shall be granted in such…

2Cases cited4 opinions

  1. Nichols v. ChapmanNew York Supreme Court · 1832
  2. Griswold v. StewartNew York Supreme Court · 1825
  3. Colegrove v. BreedNew York Supreme Court · 1846
  4. Bennett v. DavisNew York Supreme Court · 1824

3Cited by1 opinion

  1. Reynolds v. EverettNew York Supreme Court · 1893

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