Matter of Stubbe v. . Adamson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 16, 1916, which reversed an order of Special Term granting a motion for an alternative writ of mandamus. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 16, 1916, which reversed an order of Special Term granting a motion for an alternative writ of mandamus. The facts, so far as material, are stated in the opinion. The appellants adopted the proper remedy to have determined the constitutionality or reasonableness of the ordinance in question, and whether such ordinance be considered as a legislative enactment, or as having been passed pursuant to specific express power conferred or passed pursuant to general powers, express or…
1Opinion of the Court
Hiscock, Ch. J.
The appellants are the owners of a garage in the borough of Manhattan which they desire to maintain and operate as such. Ooncededly they cannot do this without a license and such license was refused on the ground that their garage came within the terms of a municipal regulation applicable to said, borough, providing that a license should not be granted to a garage storing four or more automobiles unless there had been installed therein an oil separator for the purpose of separating gasoline from the effluent which might be discharged from the garage into the sewer. Appellants…
2Cases cited20 opinions
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892
- Stevenson v. ColganCalifornia Supreme Court · 1891
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
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3Cited by76 opinions
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Wiggins v. Town of SomersNew York Court of Appeals · 1958
- Fearon v. TreanorNew York Court of Appeals · 1936
- People v. BellNew York Court of Appeals · 1953
- People Ex Rel. Doscher v. . SissonNew York Court of Appeals · 1918
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