Legal Opinion

Neuendorff v. . Duryea

New York Court of Appeals

Decided May 22, 1877PublishedCited by 33 opinions

Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York affirming a judgment of Special Term overruling plaintiff’s demurrer to the answer of defendants. The complaint in this action alleged in substance that plaintiff was the manager of an operatic company which had been in the habit of giving operatic and dramatic entertainments in the city of New York.

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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York affirming a judgment of Special Term overruling plaintiff’s demurrer to the answer of defendants. The complaint in this action alleged in substance that plaintiff was the manager of an operatic company which had been in the habit of giving operatic and dramatic entertainments in the city of New York. That the defendants, who are the commissioners of the department of police, and the superintendent of police, in said city, prohibited him from giving such entertainments and notified…

1Per curiam

It is not disputed but that the acts of the plaintiff, which have been interdicted by the defendants, are within the the terms of a statute prohibiting them. (Laws of 1860, chap. 501, p. 999.)

The sole question presented is whether the passage of that statute was within the constitutional power of the legislature. That question is again, in one phase of it, narrowed to the consideration of whether the title which the legislature has given to the act is proper and sufficient. The query arises, upon the requirement of the constitution (art. 3, § 16), that “no * * local bill which may be passed…

2Cases cited3 opinions

  1. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  2. Lindenmuller v. PeopleNew York Supreme Court · 1861
  3. Durkee v. City of JanesvilleWisconsin Supreme Court · 1870

3Cited by33 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. David v. Portland Water CommitteeOregon Supreme Court · 1886
  5. State v. ArmstrongNew Mexico Supreme Court · 1924

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