Matter Appl'n Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made the fourth Monday of October, 1884, which appointed commissioners to appraise lands sought to be taken for public parks under the act chapter 522, Laws of 1884. (Reported below, 34 Hun, 441.) Chapter 522 of the Laws of 1884 is unconstitutional and void, being in contravention of article 8, section 2, of the Constitution, which provides that “no county, city, town or village…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made the fourth Monday of October, 1884, which appointed commissioners to appraise lands sought to be taken for public parks under the act chapter 522, Laws of 1884. (Reported below, 34 Hun, 441.) Chapter 522 of the Laws of 1884 is unconstitutional and void, being in contravention of article 8, section 2, of the Constitution, which provides that “no county, city, town or village shall be allowed to incur any indebtedness except for county, city, town or village purposes.” (People, ex rel. v. Kelly, 76…
1Opinion of the CourtFinch, J.
Numerous provisions of the Oonstitution are claimed to have been violated by the enactment of the law authorizing and requiring the acquisition and maintenance of new public parks by the city of New York. The large interests involved, and the importance of some of the questions raised, have subjected the act to a patient and critical examination, both in the court below and upon the argument at our bar; and seem to demand from us a full statement of the reasons upon which our determination is founded.
1. The title of the act is “ An act laying out public places, and parks, and parkways, in the…
2Cases cited5 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- In re JohnNew York Supreme Court · 1839
- Matter of Lands in the Town of FlatbushNew York Court of Appeals · 1875
3Cited by95 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- Adirondack Railway Co. v. New York StateSupreme Court of the United States · 1900
- Lent v. TillsonCalifornia Supreme Court · 1887
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