Legal Opinion

Lindenmuller v. People

New York Supreme Court

Decided February 4, 1861PublishedCited by 43 opinions

ERROR to the court of oyer and terminer of the city and county of New York. On the 5th day of July, 1860, the defendant was indicted in that court for an alleged misdemeanor in giving theatrical exhibitions on Sunday, the 20th day of May, 1860, contrary to the provisions of the “ Act to preserve the public peace and order on the first day of the week, commonly called Sunday,” passed April 17, 1860, (Laws of 1860, p. 999.) On the 17th of November, 1860, the defendant was…

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ERROR to the court of oyer and terminer of the city and county of New York. On the 5th day of July, 1860, the defendant was indicted in that court for an alleged misdemeanor in giving theatrical exhibitions on Sunday, the 20th day of May, 1860, contrary to the provisions of the “ Act to preserve the public peace and order on the first day of the week, commonly called Sunday,” passed April 17, 1860, (Laws of 1860, p. 999.) On the 17th of November, 1860, the defendant was arraigned on said indictment, in the court of oyer and terminer, and pleaded not guilty thereto. The issue só joined came on…

1Opinion of the Court

By the Court,

Allen, J.

The constitutionality of the law under which Lindenmuller was indicted and convicted does not depend upon the question whether or not Christianity is a part of the common law of this state. Were that the only question involved, it would not he difficult to show that it was so, in a qualified sense—not to the extent that would authorize a compulsory conformity in faith and practice, to the creed and formula of worship of any sect or denomination, or even in those matters of doctrine and worship common to all denominations styling themselves Christian, hut to the extent…

2Cases cited8 opinions

  1. VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
  2. Mayor of New York v. MilnSupreme Court of the United States · 1837
  3. Ex parte NewmanCalifornia Supreme Court · 1858
  4. Salter v. BurtNew York Supreme Court · 1838
  5. Sayles v. SmithNew York Supreme Court · 1834

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3Cited by43 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. People v. . HavnorNew York Court of Appeals · 1896
  3. People v. . MosesNew York Court of Appeals · 1893
  4. Neuendorff v. . DuryeaNew York Court of Appeals · 1877
  5. State v. NicholsWashington Supreme Court · 1902

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