Stokes v. The Corporation of New York
New York Supreme Court
Error from the superior court of the city of New-Yórk. The corporation of the city of New-York, commenced a suit in a justice’s court against Stokes and Gilbert, to recover a penalty office dollars for a violation of an ordinance of the corporation, requiring anthracite or hard coal to be sold by weight, and that the same be Weighed by weigh-masters, not exceeding six in number, appointed by the common council, and imposing the above penalty upon any vender of coal who…
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Error from the superior court of the city of New-Yórk. The corporation of the city of New-York, commenced a suit in a justice’s court against Stokes and Gilbert, to recover a penalty office dollars for a violation of an ordinance of the corporation, requiring anthracite or hard coal to be sold by weight, and that the same be Weighed by weigh-masters, not exceeding six in number, appointed by the common council, and imposing the above penalty upon any vender of coal who should sell any anthracite or hard coal without being first weighed. The plaintiffs declared in debt for five dollars, for…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It is objected that the declaration is insufficient, because it does not set forth the by-law itself, and the authority by which it was passed. To this it is sufficient to answer, that no objection .was made to the declaration before the justice; and as it refers to the by-law as having been passed by the corporation, it is sufficient in substance. The ordinance was produced in evidence without objection, and the law giving the power to appoint weighmasters is a public act. 2 R. L. 437, § 238, and 460, § 315.
The appointment of weighers and the law requiring coal to…
2Cited by16 opinions
- State v. Peel Splint Coal Co.West Virginia Supreme Court · 1892
- Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
- Budd v. Multnomah Street Railway Co.Oregon Supreme Court · 1887
- City of Davenport v. KelleySupreme Court of Iowa · 1858
- Commissioners v. Northern Liberties Gas Co.Supreme Court of Pennsylvania · 1849
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