Neuendorff v. Duryea
New York Court of Common Pleas
Appeal by plaintiff from a judgment of this court, entered by direction of Chief Justice Chables P. Daly, overruling a demurrer to the answer of the defendants. The plaintiff, who is a theatrical manager, has been in the habit of giving dramatic and other entertainments or performances, on Sundays, at a place in this city known as Terrace Garden.
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Appeal by plaintiff from a judgment of this court, entered by direction of Chief Justice Chables P. Daly, overruling a demurrer to the answer of the defendants. The plaintiff, who is a theatrical manager, has been in the habit of giving dramatic and other entertainments or performances, on Sundays, at a place in this city known as Terrace Garden. The board of commissioners of the department of police, in the city of New York, made an order forbidding the giving of any such performances on that day, and threatened to arrest.the plaintiff and the artists in his employ, in the event of a…
1Opinion of the Court
Chables P. Daly, Chief Justice.
“It is claimed that the act is unconstitutional, because it is a local act, and the subject of it is not, as the Constitution requires, expressed in its title. It is entitled ‘ An act to preserve the public peace and order on the first day of the week, commonly called Sunday,’ and the subject of it is the prohibition of public theatrical performances on that day in the city of Hew York. A statute designed to preserve the public peace and order upon a Sunday, need not, in its title, express what is prohibited in the act with a view to that end ; for if that was…
2Cases cited5 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- The Sun Mutual Ins. Co. v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1870
3Cited by5 opinions
- McNamara v. Waterfront Commission of New York HarborAppellate Division of the Supreme Court of the State of New York · 1960
- In re Di BrizziNew York Court of Appeals · 1951
- People v. KahnNew York City Magistrates' Court · 1918
- Tyson & Brother v. BantonSupreme Court of the United States · 1927
- Tyson & Brother v. BantonSupreme Court of the United States · 1927