Legal Opinion

Green v. . Shumway

New York Court of Appeals

Decided June 5, 1868PublishedCited by 16 opinions

Appeal from judgment of General Term of the Sixth- District, reversing judgment in favor of Defendants. The complaint alleged that, pursuant to the Constitution of the State of Hew York, and an act of the Legislature passed in March, 1867, a lawful election was held throughout the State on the 23d day of April, 1867, for the purpose of choosing delegates to meet in convention at the Capitol on the first Tuesday of June, 1867, to revise the Constitution of the State, and to…

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Appeal from judgment of General Term of the Sixth- District, reversing judgment in favor of Defendants. The complaint alleged that, pursuant to the Constitution of the State of Hew York, and an act of the Legislature passed in March, 1867, a lawful election was held throughout the State on the 23d day of April, 1867, for the purpose of choosing delegates to meet in convention at the Capitol on the first Tuesday of June, 1867, to revise the Constitution of the State, and to amend the same. That each qualified elector was entitled to vote for delegates, at large, and for delegates chosen in the…

1Opinion of the CourtMiller, J.

This ease involves the constitutional validity of that portion of the act to provide for a convention to revise and amend the Constitution of this State, which excludes from the privilege of voting all who refuse to take the test-oath prescribed by the act in question (Sess. Laws of 1867, chap. 194, § 2, p. 287).

I think that the oath in question was unconstitutional and invalid, for the reasons which I will proceed to state. . The first subdivision of the tenth section of the first article of the Constitution of the United States provides, that “ Bo State shall pass any bill of attainder, ex…

2Cases cited2 opinions

  1. Calder v. BullSupreme Court of the United States · 1798
  2. Fletcher v. PeckSupreme Court of the United States · 1810

3Cited by16 opinions

  1. Gougar v. TimberlakeIndiana Supreme Court · 1897
  2. Boyd v. MillsSupreme Court of Kansas · 1894
  3. Garvey v. PeopleSupreme Court of Colorado · 1883
  4. Goetcheus v. . MatthewsonNew York Court of Appeals · 1875
  5. Fera v. City of AlbanyDistrict Court, N.D. New York · 2008

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