White v. Scott
New York Supreme Court
On writ of error to the common pleas of Suffolk county, to review a judgment of that court reversing a judgment of a justice’s court in an action of trespass quare clausum fregit.
1Opinion of the Court
By the Court, McCoun, P. J.
This case was brought up for the purpose of testing the validity of a by-law of the town of Southampton, made at their annual town meeting on the 7th of April, 1846, authorizing cattle and sheep to run at large upon the highways and common lands of the town. The objection taken is, that the law, so far as respects the running at large of cattle and sheep in the highways, is a nullity; and that if the legislature have granted to the electors of the town, the power to make such a law, it is the grant of an unconstitutional power.
*57The court listened to the arguments of…
2Cited by7 opinions
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
- Conn v. E. Chadwick & Co.Supreme Court of Florida · 1880
- State, ex rel. Scott v. Board of County CommissionersSupreme Court of Florida · 1880
- Woodruff v. NealSupreme Court of Connecticut · 1859
- Griffin v. MartinNew York Supreme Court · 1849
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