People Ex Rel. Wakeley v. . McIntyre
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 22, 1891, affirming an order of the Special Term, denying relator’s application, as commissioner of highways of the town of Webb, Herkimer county, for a peremptory writ of mandamus compelling the supervisor of the town to issue certain bonds. 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 fourth judicial department, entered October 22, 1891, affirming an order of the Special Term, denying relator’s application, as commissioner of highways of the town of Webb, Herkimer county, for a peremptory writ of mandamus compelling the supervisor of the town to issue certain bonds. The facts, so far as material, are stated in the opinion. The portion of the act of the supervisors relied, on by the respondent is void, and must he disregarded and stricken out. (62 N. Y. 484; 106 N. Y. 392; 50 Barb. 573; 35 Barb. 408;…
1Opinion of the CourtBartlett, J.
The authorities of the town of Webb, Herkimer county, about December, 1896, laid out a highway from Eagle bay, on Fourth lake, down the north side of the Fulton chain of lakes to Old Forge or some other point. Thereupon a petition was presented to the board of supervisors of Herkimer county to authorize the town to proceed with this work, which was accompanied by a proposed form of act.
The board referred the matter to the judiciary committee, who reported that it was inexpedient to pass the proposed act in the form submitted.
An act was passed later containing certain conditions calculated to…
2Cited by12 opinions
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- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Wadsworth v. . Bd. of SupervisorsNew York Court of Appeals · 1916
- Seasons Realty Corp. v. City of YonkersNew York Supreme Court · 1975
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