Attorney General v. Mayor
The Superior Court of New York City
This action now comes before the court on appeals taken by the defendants', from the judgment, and also from an order made thereon. This action was commenced in December, 1852. The summons and complaint were originally in the names of Thomas E. Davis and Courtlandt Palmer, as plaintiffs, against the Mayor, Aldermen, and Commonalty of the city of Hew York as defendants.
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This action now comes before the court on appeals taken by the defendants', from the judgment, and also from an order made thereon. This action was commenced in December, 1852. The summons and complaint were originally in the names of Thomas E. Davis and Courtlandt Palmer, as plaintiffs, against the Mayor, Aldermen, and Commonalty of the city of Hew York as defendants. The complaint charged that a railroad in Broadway would be a public nuisance ; that a resolution granting the privilege to construct it, had been passed by the two boards without authority and in bad faith, from corrupt motives…
1Opinion of the Court
By the Court. Bosworth,
The appeal from the judgment is stated, in the notice of appeal, to be from so much of it as decides—•
First, that the resolution finally adopted by the Common Council of the city of New York was not a law, but the grant of a franchise, which from the time of its acceptance became a contract.
Second, from so much as decides that the Common Council had no power or authority to make such grant.
Third, from so much as decides that the grant, for reasons manifest on its face, is illegal and void.
Fourth, from so much as decides that the grantees named in the resolution be…
2Cases cited7 opinions
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- Commonwealth v. FowlerMassachusetts Supreme Judicial Court · 1813
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3Cited by11 opinions
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
- Butler v. LawsonSupreme Court of Missouri · 1880
- Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860
- New York & Harlem Railroad v. Mayor of New YorkNew York Court of Common Pleas · 1858
- People v. PowersNew York Supreme Court · 1894
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