People ex rel. Commissioners for Erection of a Public Market v. Common Council
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, affirming an order granting a peremptory writ of mandamus. In March, 1865, the legislature passed an act entitled, “ An act in relation to a public market in the city of New York.”
Read the full summary
Appeal from order of the General Term of the Supreme Court, affirming an order granting a peremptory writ of mandamus. In March, 1865, the legislature passed an act entitled, “ An act in relation to a public market in the city of New York.” (Laws of 1865, ch. 120.) The act named and appointed certain persons as commissioners for the erection of a public market, in the eighteenth ward of the city, who were to continue in office until 'the market was completed, and ready for ■ occupation; directed upon what site the commissioners should cause the market to be erected, and provided that they…
1Opinion of the CourtWright, J.
The appellants urge a reversal of the order in question on two grounds: 1st. That no action on the part of the common council is requisite or necessary to the *85creation of the stock; the act itself, as is alleged, in terms, providing for and creating it; and 2d. That the common council owe no duty to the relators, because, by the language of the act, the duty of creating the fund or stock is imposed upon the corporation, and not upon the common council, whose members are merely the agents and servants of the corporation. In my opinion, neither of these objections has scarcely the merit of…
2Cited by7 opinions
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- City of Houston v. Thomas Emery's SonsTexas Supreme Court · 1890
- People ex rel. Brooklyn Children's Aid Society v. HendricksonNew York Supreme Court · 1907
- People ex rel. Wright v. Common Council of BuffaloNew York Supreme Court · 1884
- People ex rel. Navarro v. GreenNew York Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.