Fox v. Mohawk & Hudson River Humane Society
New York Supreme Court
The two above-entitled actions were respectively brought by the owners of certain dogs within the corporate limits of the city of Albany who ask in their complaints that chapter- 448 of the Laws-of 1896 he adjudged unconstitutional and void and that the defendant, its officers and agents, be restrained from destroying the'plaintiffs’ dogs.
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The two above-entitled actions were respectively brought by the owners of certain dogs within the corporate limits of the city of Albany who ask in their complaints that chapter- 448 of the Laws-of 1896 he adjudged unconstitutional and void and that the defendant, its officers and agents, be restrained from destroying the'plaintiffs’ dogs. The defendant was incorporated by a union of a society for the prevention of cruelty to children and a society for the prevention of cruelty to animals by chapter 292 of the Laws of 1894, and besides the powers conferred upon the Society for the Prevention…
1Opinion of the CourtChase, J.
Although the Constitution of the United States and the Constitution of the state of Mew York provide that a person shall not be deprived of his property without due process of law, and that private property shall not be taken for public use without just compensation, yet all the states of the Union recognize and exercise a certain power known as the police power of the state, to preserve and promote public safety and welfare. Police power- is exercised by the legislature of the several states, and the legislature • determines when the public safety and welfare requires its exercise. Unless…
2Cases cited11 opinions
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- People v. . HavnorNew York Court of Appeals · 1896
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
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3Cited by1 opinion
- People ex rel. Renshaw v. GillespieAppellate Division of the Supreme Court of the State of New York · 1898