Rathbone v. . Wirth
New York Court of Appeals
Appeal from judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1896, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the Appellate Division of the Supreme Court in the third judicial department, entered June 2, 1896, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to obtain a judgment, which should perpetually'restrain the common council of the city of Albany from, electing police commissioners in pursuance of the provisions of chapter 427 of the Laws of 1896. The ground of the action is the unconstitutionality of the act; which was passed to amend chapter 77 of the Laws of 1870 and other acts…
1Opinion of the CourtGray, J.
The learned justices, who, at the Special Term
and in the Appellate Division, have expressed their views of the unconstitutionality of this act, have done so with such thoroughness as to leave but little to be added to this very important discussion. Mr. Justice Parker, at Special Term, rested his determination of the question upon the ground that the act violates section 1 of article 1 and section 1 of article 13 of the State Constitution; the former of which declares that ci 3STo member of this state shall be disfranchised, or | ¡ deprived of any of the rights or privileges secured to any |…
2Cases cited7 opinions
- United States v. BallinSupreme Court of the United States · 1892
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- Attorney General v. Board of CouncilmenMichigan Supreme Court · 1885
- New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
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3Cited by80 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Ellingham v. DyeIndiana Supreme Court · 1912
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
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