People v. Herkimer
New York Supreme Court
Assumpsit. The declaration was, that on the 1st June, 1822, the defendant was indebted to the plaintiffs in $200, as well for work, labor and services, before that time, done an¿ performed by the clerks of this Court, for the defendant, at his special instance and request, as for divers materials and other necessary things used in and about that work, before that time found and provided by the plaintiffs, at the like special instance and request; and being so indebted, &c.…
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Assumpsit. The declaration was, that on the 1st June, 1822, the defendant was indebted to the plaintiffs in $200, as well for work, labor and services, before that time, done an¿ performed by the clerks of this Court, for the defendant, at his special instance and request, as for divers materials and other necessary things used in and about that work, before that time found and provided by the plaintiffs, at the like special instance and request; and being so indebted, &c. promised, &c. Plea, that after the. promises, &c, to wit, on the 11th December, 1818, in the town of Danube, in the…
1Opinion of the Court
Curia, per Savage, Ch. J.
It is a maxim of the common law, that when an act of parliament is made for the public good, the advancement of religion and justice, and to prevent injury and wrong, the King slia.ll be bound by such act, though not named; but when a statute is general, and any prerogative right, title or interest would be divested or taken from the King, in such case he shall not be bound, unless the statute is made by express words to extend to him. (11 Co. 74. Bac. Ab. Prerogative, (E) pl. 5.) The acts of limitation and of bankruptcy have been held, in England, not to bind the…
2Cases cited1 opinion
- People v. GilbertNew York Supreme Court · 1820
3Cited by16 opinions
- Mayrhofer v. Board of Education of San DiegoCalifornia Supreme Court · 1891
- Martin v. State Liquor AuthorityNew York Supreme Court · 1964
- City of Buffalo v. Hanna Furnace Corp.New York Court of Appeals · 1953
- Brooks v. One Motor Bus Carrying 1937-38 S. C. License V-1357, Motor No. 45590, Serial No. 40476Supreme Court of South Carolina · 1939
- Shilbury v. Board of SupervisorsNew York Supreme Court · 1965
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