Roosevelt v. Godard
New York Supreme Court
APPEAL from an order made at a special term overruling a demurrer to the complaint.- I. The act of 1867, chapter 945, contemplates an invasion of proprietary rights of the plaintiffs, as owners of the said piers, with their adjacent slips and wharves, and is therefore unconstitutional and void.
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APPEAL from an order made at a special term overruling a demurrer to the complaint.- I. The act of 1867, chapter 945, contemplates an invasion of proprietary rights of the plaintiffs, as owners of the said piers, with their adjacent slips and wharves, and is therefore unconstitutional and void. The constitution, article 1, section 6, provides “Ho person shall * * * he deprived of his liberty or property without due process of law; nor shall private property be taken for public use without compensation.” In Taylor v. Porter, (4 Hill, 140,) Justice Bronson says: “ The.right of property is…
1Opinion of the Court
By the Court, Daniels, J.
The plaintiffs have brought this action for the purpose of restraining such of the defendants as include the captain of the port and the harbor masters of the city of Hew York from carrying into execution the provisions of certain acts of the legislature which are substantially set forth in the complaint. These acts were passed on the twenty-second of May, 1862, and the twenty-third off May, 1867. (Laws of 1862, p. 979, §§ 3, 4, and of 1867, p. 2382.) By the first of these acts it was provided that the captain of the port should set apart, keep and reserve all that…
2Cases cited6 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Cushing v. Owners of the Ship John FraserSupreme Court of the United States · 1859
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
- Mayor of New York v. LordNew York Supreme Court · 1837
- Surocco v. GearyCalifornia Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Betts v. BettsNew York Supreme Court · 1878
- Town of Wilton v. WestonSupreme Court of Connecticut · 1880
- State ex rel. Worrell v. PeelleIndiana Supreme Court · 1889
- City of Sedalia ex rel. Taylor v. SmithSupreme Court of Missouri · 1907
9 more not listed; retrieve them via the Exa API.