Horton v. . Andrus
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Sópeme Court in the second judicial department, entered October 23, 190 Y, which affirmed an order of Special Term denying a motion to continue a temporary in j unction pendente lite and vacating and setting aside such injunction.
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Appeal, by permission, from an order of the Appellate Division of the Sópeme Court in the second judicial department, entered October 23, 190 Y, which affirmed an order of Special Term denying a motion to continue a temporary in j unction pendente lite and vacating and setting aside such injunction. The following questions were certified : “1. Is the statute known as chapter 616 of the laws of the state of Hew York, passed in the year 1905, in conflict with subdivision 3 of section 8 of article 1 of the Constitution of the United States, and is it, therefore, void ? “ 2. Does the said statute…
1Opinion of the Court
Cullen, Ch. J.
This is a taxpayer’s action brought against commissioners appointed under chapter 646 of the Laws of 1905 for the construction of a sanitary sewer in the Bronx river valley in the county of Westchester, to restrain them from undertaking or prosecuting the work provided for by said statute, on the claim that the statute violates both the Federal and State Constitutions. Many grounds of attack on the act are set forth in the complaint, and the Appellate Division has certified to us for determination no less than nine several questions. It is to be regretted that the Appellate…
2Cases cited1 opinion
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
3Cited by10 opinions
- Gaynor v. MarohnNew York Court of Appeals · 1935
- State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
- Village of Kenmore v. County of ErieNew York Court of Appeals · 1930
- County of Nassau v. Lincer, New York County Courts1938
- Harris v. JacobsNew York Supreme Court · 1972
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