People ex rel. Hackley v. Croton Aqueduct Board
New York Supreme Court
THIS is an appeal from an order denying a motion for a peremptory mandamus, made for the purpose of compelling the Croton Aqueduct Board to award to the relators a certain contract for building a stone tower, engine house, or boiler house, at or near 173d street, near the high bridge.
Read the full summary
THIS is an appeal from an order denying a motion for a peremptory mandamus, made for the purpose of compelling the Croton Aqueduct Board to award to the relators a certain contract for building a stone tower, engine house, or boiler house, at or near 173d street, near the high bridge. It appears from the papers on the motion, that prior to the 3d day of August, 1866, the Croton Aqueduct Board, under the authority conferred upon them by an act of the legislature of this state, passed April 7, 1863, page 152, and Laws of 1864, page 628, advertised for and issued proposals for building a stone…
1Opinion of the Court
By the Court, Miller, J.
The court may exercise a discretionary power, as well in granting as in refusing a mandamus, as where the end is merely a private right, and when the granting would be attended with manifest hardships and difficulties. (Van Rensselaer v. Sheriff of Albany County, 1 Cowen, 501. The People v. The Canal Board, 13 Barb. 432, 450. Ex parte Fleming, 4 Hill, 583. 2 John. Cas. 2d ed. 217, note.) This discretion should be exercised soundly, and in accordance with the peculiar circumstances of the case. I think that in the case under consideration it would not be a proper…
2Cases cited8 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Shipley v. Mechanics' BankNew York Supreme Court · 1813
- People ex rel. Griffin v. SteeleNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- State ex rel. Phelan v. Board of EducationWisconsin Supreme Court · 1869
- State ex rel. State Journal Co. v. McGrathSupreme Court of Missouri · 1886
- People Ex Rel. Mott v. . Board of SupervisorsNew York Court of Appeals · 1876
- People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
8 more not listed; retrieve them via the Exa API.