New York Court of Appeals
The People of the State of Yew York Ex Rel. Irving K. Farrington, Appellant v. Louis Mensching, a Peace Officer of…
January 8, 1907187 N.Y. 8
Summary
The Court held that the 1906 amendment to the Stock Transfer Tax Act was unconstitutional under the Equal Protection Clause, that a void amendment does not repeal a prior valid statute, and that a warrant citing both the void amendment and the valid 1905 statute was nevertheless valid. Accordingly, the appellate court's order dismissing the habeas corpus petition was affirmed.