Legal Opinion
People ex rel. Press Publishing Co. v. Martin
New York Supreme Court
Decided October 13, 1893PublishedCited by 2 opinions
Certiorari by the Press Publishing Company to review the action of James J. Martin and others, constituting the board of police commissioners of New York city, in designating certain newspapers in which lists of candidates for election were to be published.
1Opinion of the CourtVan Brunt, P. J.
I cannot agree in the conclusion at which Mr. Justice FOLLETT has arrived in the case at bar. It will be observed that in the statutes considered and the cases cited by him the language was essentially different from the statute under which this proceeding arises. In the case of People v. Brennan, 39 Barb. 651, the language of the statute (chapter 227, Laws 1863, § 2) was:
“No portion of the sums which shall hereafter be raised by taxes or assessments in said city and county of New York shall be paid for advertising, except the same shall have been incurred for advertisements in the newspapers…
2Cases cited2 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People ex rel. Opdyke v. BrennanNew York Supreme Court · 1863
3Cited by2 opinions
- In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
- Gibbs v. CarnahanNew York Supreme Court · 1894