People ex rel. Foot v. Gross
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Margaret H. Foot, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 17th day of November, 1909, denying the relator’s motion for a writ of mandamus.
1Opinion of the Court
Carr, J.:
The petitioner is a taxpayer and resident of the village of Tarry-town. On a verified petition she applied at Special Term in Westchester county for a peremptory writ of mandamus against the president and street commissioner of the village, requiring, them to remove .from a certain public highway in that village known as Cobb’s lane a picket fence which an abutting owner had erected in front of his premises and which was located, as positively alleged in the petition, in the roadway of Cobb’s lane at about its middle' line. The village president denied any jurisdiction in the matter,…
2Cases cited3 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- People Ex Rel. Frost v. . N.Y.C. H.R.R. Co.New York Court of Appeals · 1901
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