People ex rel. Worth v. Grant
New York Supreme Court
Appeal from special term, New York county. The relator, Edwin M. Worth, appeals from an order denying his application for a peremptory mandamus to compel the respondent, Hugh L. Grant, mayor of the city of Hew York, to issue to him, on receiving the sum of $500, a license to give vocal and instrumental concerts, and to give museum exhibitions without stage scenery or apparatus, on the premises located at 492, 496, and 498 Sixth avenue, in the city of Hew York, and known as…
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Appeal from special term, New York county. The relator, Edwin M. Worth, appeals from an order denying his application for a peremptory mandamus to compel the respondent, Hugh L. Grant, mayor of the city of Hew York, to issue to him, on receiving the sum of $500, a license to give vocal and instrumental concerts, and to give museum exhibitions without stage scenery or apparatus, on the premises located at 492, 496, and 498 Sixth avenue, in the city of Hew York, and known as “Worth’s Museum.”
1Opinion of the CourtBarrett, J.
The above statement sufficiently indicates the character of this appeal. The relator contends that the mayor is not vested with discretionary power in the premises, and that, upon tender of the fee specified in the statute, (Consolidation Act, § 1999,) he is absolutely entitled to the license asked. The respondent, on the other hand, contends that the question whether the license shall issue rests in his sound discretion. Whether a duty imposed upon a public officer is imperative or discretionary is always a question of legislative intention. “Each case,” as Judge Dillon,observes in his work…
2Cases cited4 opinions
- Council of Glencoe v. People ex rel. OwenIllinois Supreme Court · 1875
- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
- People ex rel. Osterhout v. PerryNew York Supreme Court · 1852
- People ex rel. Houston v. Mayor of New YorkNew York Supreme Court · 1851
3Cited by13 opinions
- Armstrong v. MurphyAppellate Division of the Supreme Court of the State of New York · 1901
- In re O'RourkeNew York Supreme Court · 1894
- Smyth v. ButtersUtah Supreme Court · 1910
- William Fox Amusement Co. v. McClellanNew York Supreme Court · 1909
- In re BarresiAppellate Division of the Supreme Court of the State of New York · 1922
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