Opinion

Lemmon v. . People.

  • 20 N.Y. 562
Court
New York Court of Appeals
Filed
Mar 5, 1860
Status
Published
On the bench
Clerke, Comstock, Denio, Selden, Wright
Cited by
28 cases

The opinion

I have been prevented, by want of time and the pressure of other duties, from giving to this case that careful examination which is due to its importance, and to the elaborate and able arguments of the counsel, and am not prepared, therefore, definitely to determine whether the act of 1841 is or is not in conflict with any express provisions of the United States Constitution. But however this may be, I cannot but regard it as a gross violation of those principles of justice and comity which should at all times pervade our inter-state legislation, as well as wholly inconsistent with the general spirit of our national compact. While, therefore, I am not prepared at this time to give such reasons as would justify me in holding the law to be void, I am equally unprepared to concur in the conclusion to which the majority of my associates have arrived.

Judgment affirmed.

*Page 9

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