Ex parte Mayor of Albany
New York Supreme Court
This was a certiorari directed to “ The mayor, aldermen and commonalty of the city of Albany, and to Charles S. Olmsted, Sylvester Rathbone, William Thorburn, Stephen T. Thorne and James McCabo, members of the common council of said city, composing the committee appointed by said mayor, aldermen and commonalty in common council [ *278 ] *convened, to whom the assessment and remonstrance thereto in the matter of repitching and repaving North-Market street above Lumber-street,…
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This was a certiorari directed to “ The mayor, aldermen and commonalty of the city of Albany, and to Charles S. Olmsted, Sylvester Rathbone, William Thorburn, Stephen T. Thorne and James McCabo, members of the common council of said city, composing the committee appointed by said mayor, aldermen and commonalty in common council [ *278 ] *convened, to whom the assessment and remonstrance thereto in the matter of repitching and repaving North-Market street above Lumber-street, was referred.” The corporation made a return to the certiorari, the substance of which is referred to in the opinion…
1Opinion of the CourtCowen, J.
By the Court, The only departure complained of from the duty prescribed by any state law, is sought for in the return, that the corporation have no papers before them by which they can ascertain whether any drains were laid in the course of improvement; nor what was the expense of such drains, nor whether it was included in the assessment.
They claim to have proceeded according to the statute of April 5th, 1828, Sess. Laws, p. 180, ch. 164, to combine the several acts relating to the city of Albany into one. By section 4,p. 181, the mayor, aldermen and commonalty have power to order and direct…
2Cases cited10 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Basnet v. City of JacksonvilleSupreme Court of Florida · 1882
- City of Galveston v. HeardTexas Supreme Court · 1881
- City of Fort Wayne v. CodyIndiana Supreme Court · 1873
- City of Sedalia ex rel. Gilsonite Construction Co. v. ScottMissouri Court of Appeals · 1904
- Coit v. BeardNew York Supreme Court · 1861
6 more not listed; retrieve them via the Exa API.