Legal Opinion

People Ex Rel. M. Wineburgh Advertising Co. v. Murphy

New York Court of Appeals

Decided March 30, 1909PublishedCited by 53 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1908, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus and granted said writ. The facts, so far as material, are stated in the opinion. The ordinance does not contravene any provision of the Constitutions, either State or Federal. (Home Tel.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1908, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus and granted said writ. The facts, so far as material, are stated in the opinion. The ordinance does not contravene any provision of the Constitutions, either State or Federal. (Home Tel. Co. v. Los Angeles, 211 U. S. 205; N. Y. Const, art. 1, §§ 1, 6; U. S. Const. [14th amend.] § 1; Wright v. Hart, 103 App. Div. 218; People v. Supervisors of Orange County, 17 N. Y. 235; People…

1Opinion of the CourtChase, J.

The relator is a domestic corporation engaged in the business of constructing and maintaining advertising signs and displaying thereon advertisements pursuant to contracts with advertisers.

On June 15, 1908, the relator duly filed an application for > a permit to erect a sky sign on the top of a building at 27 East Twenty-second street, in the city of hTew York, and such application was accompanied by a plan thereof in detail, and also with the consent of the owner of the real property on which it was proposed to erect the sign. From such application and the accompanying papers it appears that…

2Cases cited9 opinions

  1. Matter of Application of JacobsNew York Court of Appeals · 1885
  2. People v. . GillsonNew York Court of Appeals · 1888
  3. City of Rochester v. . WestNew York Court of Appeals · 1900
  4. City of Chicago v. Gunning SystemIllinois Supreme Court · 1905
  5. Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907

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3Cited by53 opinions

  1. Spann v. City of DallasTexas Supreme Court · 1921
  2. Spann v. City of DallasTexas Supreme Court · 1921
  3. People v. . Beakes Dairy Co.New York Court of Appeals · 1918
  4. Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
  5. People v. StoverNew York Court of Appeals · 1963

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