People Ex Rel. McLean v. Flagg
New York Court of Appeals
Appeal from an action of the General Term of the second 1 judicial department, affirming an order of Special Term awarding a peremptory mandamus, directing defendants to issue the bonds of the town of Yonkers in the sum of $60,000, pursuant to certain acts of the legislature, relating to the laying out of roads in the towns of Yonkers and East Chester, in the county of Westchester.
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Appeal from an action of the General Term of the second 1 judicial department, affirming an order of Special Term awarding a peremptory mandamus, directing defendants to issue the bonds of the town of Yonkers in the sum of $60,000, pursuant to certain acts of the legislature, relating to the laying out of roads in the towns of Yonkers and East Chester, in the county of Westchester. The relators are commissioners appointed by chapter 262, of the Laws of 1869, entitled “ an act to authorize the towns of Yonkers and East Chester, in the county of Westchester, to widen, make, extend, and improve…
1Opinion of the Court
Church, Oh. J.
The legislation involved in this ease is challenged upon the ground, that it is not competent for the legislature, to compel the town of Yonkers to incur a debt for the improvements authorized to be made. It is conceded that the legislature could direct the improvements to be made, and could lawfully impose a tax upon the property of the citizens of the town to pay the necessary expenses, or that it might authorize a town debt to be created, with the consent of the people of the town, or some officer or officers representing the municipality ; but that it cannot directly compel…
2Cited by70 opinions
- Spencer v. MerchantSupreme Court of the United States · 1888
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
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