People Ex Rel. Hayden v. Common Council
New York Court of Appeals
The matter first entitled is an appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing certain proceedings of the common council of the city of Rochester in relation to the erection of a new city hall in said city, which proceedings were brought up for review by writ of certiorari.
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The matter first entitled is an appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing certain proceedings of the common council of the city of Rochester in relation to the erection of a new city hall in said city, which proceedings were brought up for review by writ of certiorari. The second is an appeal from judgment of said General Term, entered upon an order affirming an order of Special Term sustaining a demurrer to the complaint. Prior to April, 1872, the common council of the city of Rochester had commenced proceedings for the erection…
1Opinion of the CourtGbover, J.
The misnomer of the appellant claimed by the counsel was no ground for the dismissal of the writ. (Code, § 173.) The defendants had-appeared and made return of all the proceedings required by the writ, and the variance in the name of the corporation was rightly disregarded. It is not material to inquire whether the common council had power to adopt a site and erect a hall for the use of the city or not, for if it had such power, it was still competent for the legislature to substitute another agency for that purpose. The question in the case is whether chap. 219, vol. 1, 562, Laws of 1872, is…
2Cases cited1 opinion
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
3Cited by8 opinions
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- State Ex Rel. Chesterley v. Superior CourtWashington Supreme Court · 1944
- Klein v. KinkeadNevada Supreme Court · 1881
- Dillon v. Erie RailroadAppellate Terms of the Supreme Court of New York · 1897
- People ex rel. Third Avenue Railroad v. GilroyNew York Supreme Court · 1890
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