Schieffelin v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George B. McClellan, as mayor, etc., and others, from an order of the Supreme Court, made at the Mew York Special Term and. entered in the office of the- clerk of the county of Mew York on the 11th day of December, 1909.
1Dissent
McLaughlin, J. (dissenting):
I am unable to concur in the conclusion arrived at by the majority of the court for the following reasons : The board of estimate and apportionment met on the 12th of November, 1909, and assuming to act in accordance with section 92 of the Railroad Law fixed the tenth day of December following as the day when the petition of the traction company should be “ first considered and a public hearing be had thereon ” and directed the publication of notices accordingly. Had the board stopped here their proceedings would have been according to the provisions of the statute…
2Cases cited11 opinions
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Kingsland v. . PalmerNew York Court of Appeals · 1873
- Matter of City of New YorkNew York Court of Appeals · 1908
- Rogers v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.