Legal Opinion

People Ex Rel. Wooster v. . Maher

New York Court of Appeals

Decided February 27, 1894PublishedCited by 22 opinions

Appeal from order of the General Term of the Supreme Oonrt in the third judicial department, made July 2, 1892, which affirmed an order directing the issuance of a perémptory writ of mandamus which required defendant, as mayor of the city of Albany, to send written directions to the city engineer of the city of Albany to send written notice to the OAvner or person avIio erected or is hoav maintaining said porch or building as aforesaid, Avithin ten days after receipt of said…

Read the full summary

Appeal from order of the General Term of the Supreme Oonrt in the third judicial department, made July 2, 1892, which affirmed an order directing the issuance of a perémptory writ of mandamus which required defendant, as mayor of the city of Albany, to send written directions to the city engineer of the city of Albany to send written notice to the OAvner or person avIio erected or is hoav maintaining said porch or building as aforesaid, Avithin ten days after receipt of said notice to remove the said building or porch, as aforesaid, to the range of the street laid doAvn by the city engineer,…

1Opinion of the Court

Andrews, Ch. J.

This is a proceeding by mandamus, and the judgment from which the appeal is taken directs the mayor of the city of Albany to give written directions to the city engineer to notify the owner of the building on Pearl street known as the Albany Female Academy to .remove the porch of the building, which the judgment finds projects thirteen feet and four inches into Pearl street, within ten days after receipt of the notice, pursuant to the provisions of section 10, title 13 of chapter 298 of the Laws of 1883, as amended by chapter 398 of the Laws of 1888.

The question whether the…

2Cases cited2 opinions

  1. St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
  2. People Ex Rel. Demarest v. . FairchildNew York Court of Appeals · 1876

3Cited by22 opinions

  1. Matter of Marburg v. ColeNew York Court of Appeals · 1941
  2. Matter of StewartNew York Court of Appeals · 1898
  3. Clark v. JonesOregon Supreme Court · 1943
  4. City of Buffalo v. KellnerNew York Supreme Court · 1915
  5. Lewis v. GravesNew York Supreme Court · 1926

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API