Legal Opinion

People ex rel. Swan v. Doxsee

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1910PublishedCited by 22 opinions

Appeal by the relator, Alden S. Swan, from an order of the Supreme Court,, made at the Kings County Special Term and entered in the office of the clerk of the county of'Kings on the l'9th day of October, 1909, as resettled by an order entered on the 16th day of .November, 1909, denying the relator’s motion .for a peremptory writ of mandamus.

1Opinion of the Court

Carr, J.:

By chapter 455 of the Laws of 1903 the town of Islip was authorized to purchase docks at Islip and Bay .Shore in said town, and to acquire sites for and to build docks and bulkheads at Say-ville, West Sayville, Bayport and East Islip in said town “ for public use.” Both the title .of the act, which is deemed indicative of the purpose of the act, and the body of the act itself repeatedly declare that the purpose of the acquisition and maintenance shall be for the “ public use,” The act in question provided that the trustees of the town lands “ shall have the charge and supervision of…

2Cases cited8 opinions

  1. People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
  2. Gushee v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  3. City of St. Paul v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1895
  4. Board of Commissioners of Pilots v. ClarkNew York Court of Appeals · 1865
  5. Hatfield v. . StrausNew York Court of Appeals · 1907

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

3Cited by22 opinions

  1. Lake George Steamboat Co. v. BlaisNew York Court of Appeals · 1972
  2. American Dock Co. v. City of New YorkNew York Supreme Court · 1940
  3. Knapp v. FasbenderNew York Court of Appeals · 1956
  4. 10 East Realty, LLC v. Incorporated Village of Valley StreamAppellate Division of the Supreme Court of the State of New York · 2005
  5. Kenny v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 2001

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