In re Henneberger
Appellate Division of the Supreme Court of the State of New York
Appeal by The Village of New Rochelle and others from an order of the Supreme Court, .made at the Westchester Special Term and entered'in the office of the clerk of the county of Westchester on the 3d day of July, 1897, appointing commissioners, under the provisions of chapter 286 of the Laws of 1897, to improve highways within this State.
1Opinion of the Court
Woodward, J.:.. The grounds of this appeal are that the statute is in violation of the provisions of section 18, article 3 of the Constitution, which provides that the Legislature shall not pass a private or local bill in any case for the “laying out, opening, altering, working or discontinuing roads, highways or alleys, or for draining swamps or other low lands.” There are other points raised, .but this seems to be the material question, and it is conceded on the part of. the respondents that, if this statute is a local measure, it is repugnant to the provisions of article 3, section 18,…
2Cases cited2 opinions
- Ferguson v. . RossNew York Court of Appeals · 1891
- People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.New York Court of Appeals · 1881
3Cited by7 opinions
- People ex rel. Board of Commissioners for the Erection of a New Court House v. Board of SupervisorsNew York Court of Appeals · 1902
- Conklin v. ConklinAppellate Division of the Supreme Court of the State of New York · 1921
- People Ex Rel. Comrs. Etc. v. . Suprs. OneidaNew York Court of Appeals · 1902
- People ex rel. Western Union Telegraph Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1914
- In re Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1916
2 more not listed; retrieve them via the Exa API.