People v. Harrison
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from a judgment of the Court of Special Sessions of the City of New York, entered in the office of the clerk of said court on the 15th day of March, 1915, allowing the defendant’s demurrer to an information charging him with unlawfully practicing as an undertaker without having complied with the provisions of section 295 of the Public Health Law (Consol.
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Appeal by the plaintiff, The People of the State of New York, from a judgment of the Court of Special Sessions of the City of New York, entered in the office of the clerk of said court on the 15th day of March, 1915, allowing the defendant’s demurrer to an information charging him with unlawfully practicing as an undertaker without having complied with the provisions of section 295 of the Public Health Law (Consol. Laws, chap. 45; Laws of 1909, chap. 49), as amended by chapter 71 of the Laws of 1913.
1Opinion of the Court
Laughlin, J.:
The demurrer evidently was interposed to contest the constitutionality of the statute forbidding the practice of the business of undertaking without a license, and the only questions. presented by the appeal relate to the constitutionality of the law.
*804The first legislation in the State regulating embalming and requiring a license therefor was chapter 555 of the Laws of 1898, which created the “Board of Embalming Examiners of the State of New York,” and provided for examinations with respect to the qualifications of the applicants for a license to engage “in the business or…
2Cases cited11 opinions
- Colon v. . LiskNew York Court of Appeals · 1897
- Smith v. TexasSupreme Court of the United States · 1914
- People v. . RingeNew York Court of Appeals · 1910
- Wyeth v. Board of Health of CambridgeMassachusetts Supreme Judicial Court · 1909
- State v. DonaldsonSupreme Court of Minnesota · 1889
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3Cited by9 opinions
- Schroeder v. BinksIllinois Supreme Court · 1953
- City of Sioux Falls v. KadingerSouth Dakota Supreme Court · 1951
- Norwood v. WardDistrict Court, S.D. New York · 1930
- Heimerle v. Village of BronxvilleNew York Supreme Court · 1938
- Bendetto v. KernNew York Supreme Court · 1938
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