Sun Printing & Publishing Ass'n v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, The Sun Printing and Publishing Association and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 20th day of February, 1896, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiffs’ complaint. The plaintiffs are taxjiayers in the city of New York.
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Appeal by the plaintiffs, The Sun Printing and Publishing Association and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 20th day of February, 1896, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiffs’ complaint. The plaintiffs are taxjiayers in the city of New York. They bring this action under the provisions of chapter 531 of the Laws of 1881 and the amendatory acts (Chap. 673, Laws of 1887; chap. 3Ul, Laws of 1892) in order to prevent…
1Opinion of the Court
Barrett, J.:
The legislation in question is assailed upon many grounds. The first, and perhaps the most important, is that it violates the constitutional provision that no county, city, town or village shall “ be allowed to incur any indebtedness, except for county, city, town or village purposes.” (Const, art. VIII, § 10.)
The question is thus raised whether a rapid transit railroad, wholly within 'the limits of a city, is a city purpose. That it is a public purpose does not seem to admit of question. But is it a legitimate city purpose % In considering tliis question in connection with an act…
2Cases cited16 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- The People v. . KerrNew York Court of Appeals · 1863
- Sweet v. RechelSupreme Court of the United States · 1895
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Laughlin v. City of PortlandSupreme Judicial Court of Maine · 1914
- The People v. Chi. Transit AuthorityIllinois Supreme Court · 1945
- City of Tombstone v. MacIaArizona Supreme Court · 1926
- Ingard v. BarkerIdaho Supreme Court · 1915
32 more not listed; retrieve them via the Exa API.