Matter of Moore v. Gallup

New York Court of Appeals

Matter of Moore v. Gallup

60 N.E.2d 847, 294 N.Y. 699, 1945 N.Y. LEXIS 900

DecidedMarch 8, 1945

StatusPublished

This text of 60 N.E.2d 847 (Matter of Moore v. Gallup) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Moore v. Gallup, 60 N.E.2d 847, 294 N.Y. 699, 1945 N.Y. LEXIS 900 (N.Y. 1945).

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Opinion

Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: A question under the Federal Constitution was presented and necessarily passed upon. The appellant contended that section 1897, chapter 88 of the Laws of 1909 of the State of New York entitled “ Penal Law and the Acts amendatory thereof were repugnant to the provisions of the Fourteenth Amendment to the Constitution of the United States. The appellant also contended that the construction accorded such provision of the Laws of the State of New York by the respondents herein and by the Court of this State in passing upon this case was in violation of said Fourteenth Amendment. This Court held that the laws in question and the construction accorded the same herein were not repugnant to such constitutional provisions. [See 298 N. Y. 846.]

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Motion to amend remittitur granted. Return of remittitur requested and when returned it will be amended by adding thereto the following: A question under the Federal Constitution was presented and necessarily passed upon. The appellant contended that section 1897, chapter 88 of the Laws of 1909 of the State of New York entitled “ Penal Law and the Acts amendatory thereof were repugnant to the provisions of the Fourteenth Amendment to the Constitution of the United States. The appellant also contended that the construction accorded such provision of the Laws of the State of New York by the respondents herein and by the Court of this State in passing upon this case was in violation of said Fourteenth Amendment. This Court held that the laws in question and the construction accorded the same herein were not repugnant to such constitutional provisions. [See 298 N. Y. 846.]

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Bluebook (online)

60 N.E.2d 847, 294 N.Y. 699, 1945 N.Y. LEXIS 900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-moore-v-gallup-ny-1945.