People ex rel. Lemon v. Elmore

In this action in equity, the constitutionality of the whole or part of article 17-A of the Public Health Law, *544added by chapter 670 of the Laws of 1927, in effect on the fifth day of April of that year, as amended by chapter 266 of the Laws of 1928, effective on March 7, 1928, is involved. Because the courts, both original and appellate, are required, in equity actions, to grant judgment according to the situation existing and the respective rights of the parties at the time of judgment and not by that which existed when action was commenced, this court is compelled to likewise consider the…