People ex rel. Troy Press Co. v. Common Council of City of Troy
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 3d day of February, 1906, directed to The Common Council of the City of Troy.and others, requiring them to certify and return to the office of the clerk of the county of Rensselaer all and singular their proceedings had in relation to the designation of official newspapers for the city of Troy.
Read the full summary
Certiorari issued out of the Supreme Court and attested on the 3d day of February, 1906, directed to The Common Council of the City of Troy.and others, requiring them to certify and return to the office of the clerk of the county of Rensselaer all and singular their proceedings had in relation to the designation of official newspapers for the city of Troy. This is a certiorari to review the determination of the common council of tiie city of Troy designating official newspapers for that city: The city is a city of the second class having less than 90,000 inhabitants, and as to such city…
1Opinion of the Court
Kellogg, J.:
The provision of the charter designating the manner in which the common council shall determine the circulation of the respective newspapers is not inconsistent with the provision of the Second * Class Cities Law, and remains in effect by virtue of section 483 of the latter statute. The authority of the common council to designate official newspapers was not pursued in the mode required by law, and in making its determination it violated the rights of the relator to its prejudice and, therefore, that determination is reviewable by certiorari. (Code Civ. Proc. § 2140.) The relator…
2Cited by3 opinions
- Burns v. JoyceNew York Supreme Court · 1962
- Myers-Brooks Publishing Co. v. Board of SupervisorsNew York Supreme Court · 1972
- People ex rel. Troy Record Co. v. Common Council of TroyAppellate Division of the Supreme Court of the State of New York · 1906