The People v. . Allen
New York Court of Appeals
This is an appeal from a judgment awarding a peremptory mandamus, rendered by the Supreme Court, at General Term, in the third judicial district. The decision was made and case agreed upon under section 372 of the Code of Procedure.
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This is an appeal from a judgment awarding a peremptory mandamus, rendered by the Supreme Court, at General Term, in the third judicial district. The decision was made and case agreed upon under section 372 of the Code of Procedure. The legislature of this State, on the 12th of May, 1869, passed an act entitled, “An act for the improvement of the navigation of the Boquet river,” the first section of which is as follows: “ The sum of two thousand five hundred dollars for each year, of the years eighteen hundred and sixty-nine and eighteen hundred and seventy, is hereby appropriated out of the…
1Opinion of the Court
Earl, Ch. J.
Section 9 of article 1 of the State Constitution provides; that “the assent of two-thirds of the members elected to each branch of the legislature shall be requisite to evéry bill appropriating the public moneys or property for local or private purposes.” There was a similar provision in the Constitution of 1821. The bills mentioned in this séction are the only ones Which require the assent of inore than A majority of the members'- elected to the legislature. It seems to have been deemed important to place a check upon the passage of such bills and to prevent appropriations of the…
2Cited by16 opinions
- Terrell v. MiddletonCourt of Appeals of Texas · 1916
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- May v. City of LaramieWyoming Supreme Court · 1942
- Weeks v. SmithSupreme Judicial Court of Maine · 1889
- People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.New York Court of Appeals · 1881
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