New York Court of Appeals

The People, Ex Rel. Peter Cunningham and Sixty-Two Other Citizens of Utica, Respondents v. Isaac Roper and Others…

September 5, 186635 N.Y. 629

Summary

The Court reversed the lower court's order granting mandamus and affirmed the denial, holding that the 1854 militia tax exemption was a general legislative act, not a contract protected by the Contracts Clause, and therefore its repeal did not violate the Constitution nor create a property right for the relators.