Legal Opinion

People ex rel. Buffalo Paving Co. v. Mooney

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 2 opinions

Appeal, by the defendants, James Mooney and others, constituting the board of public works of the city of Buffalo, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the ’ clerk of the county of Erie on the 31st day of January, 1896, directing that a peremptory writ of mandamus issue commanding the defendants to execute and deliver to the relator a certain contract for the paving of Koescli avenue, in the city of Buffalo.

1Opinion of the Court

Adams, J.:

The charter of the city of Buffalo was subjected to a general revision by the Legislature of this State in 1891, and so far as material to the issues involved in this proceeding its various provisions Will be found in chapter 105 of the Laws of that year. Chapter 1 ■of title 10 of the revised charter creates a department of public works, to consist of three commissioners, whose duties and powers are clearly defined. Section 271 provides : “ The board of'public Works shall have 'charge and control: '

cc-i * ■ * * X.

«2 * * *

“ 3. Of locating, laying out, opening, constructing, altering,…

2Cases cited3 opinions

  1. People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
  2. People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
  3. People ex rel. Ryan v. AldridgeNew York Supreme Court · 1894

3Cited by2 opinions

  1. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  2. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898

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