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Danks v. Quackenbush

Danks v. Quackenbush, 3 Denio 594 (1848)
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Court
New York Court of Appeals · State Highest Courts
Decided
January 15, 1848
Citations
3 Denio 594
Headnotes
Statutes not in terms retrospective, should not be construed to affect past transactions, especially where such construction would work injustice. So it, seems that the act to exempt certain property from sale on execution, (Stat. 1842, p. 193,) does not affect executions for debts contracted before its passage ; but if it admits of that construction, Held that it conflicts with the provision in the constitution of the United States forbidding any state to pass a law impairing the obligation of contracts, and is so far void.
Summary
On error to the supreme court to review a judgment of that court reversing one rendered by the Onondaga common pleas. For a report of the case see 1 Denio, 128. The question was whether the act exempting certain property from distress for rent and sale under execution, (Stat. 1842, p. 193,) constitutionally extended to contracts existing when the act was passed. The supreme court held that it did not.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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The cause having been argued by counsel, and time having been taken for deliberation, the judgment of the supreme court was affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1869–1870: 11871–1872: 11885–1886: 11891–1892: 21901–1902: 118692026peak 1891 · 2

Relies on it most ⓘ

  1. Hill v. Kessler63 N.C. 437 (1869)
  2. In re the Transfer Tax Upon the Estate of Pell63 N.E. 789 (N.Y. 1902)
  3. People, ex rel. Collins v. Spicer1 N.E. 680 (N.Y. 1885)
  4. Deering v. Boyle8 Kan. 525 (1871)
  5. Savage v. City of Buffalo14 N.Y.S. 101 (N.Y. Sup. Ct. 1891)
  6. Savage v. City of Buffalo66 N.Y. Sup. Ct. 606 (N.Y. Sup. Ct. 1891)

Most recent

  1. In re the Transfer Tax Upon the Estate of Pell63 N.E. 789 (N.Y. 1902)
  2. Savage v. City of Buffalo14 N.Y.S. 101 (N.Y. Sup. Ct. 1891)
  3. Savage v. City of Buffalo66 N.Y. Sup. Ct. 606 (N.Y. Sup. Ct. 1891)
  4. People, ex rel. Collins v. Spicer1 N.E. 680 (N.Y. 1885)
  5. Deering v. Boyle8 Kan. 525 (1871)
  6. Hill v. Kessler63 N.C. 437 (1869)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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