People ex rel. Opdyke v. Brennan
New York Supreme Court
rilHIS is an appeal from an order made at a special term i directing a peremptory mandamus to issue commanding the respondent to unite with the relator in designating four newspapers published in the city of Hew York, having the largest daily circulation, viz : the “Hew York Herald,” the “New York Sun,” the “New York Tribune,” and the “Hew York Times,” in which to publish the advertisement in pursuance of section 2 of the act of the legislature, chapter 227, passed April…
Read the full summary
rilHIS is an appeal from an order made at a special term i directing a peremptory mandamus to issue commanding the respondent to unite with the relator in designating four newspapers published in the city of Hew York, having the largest daily circulation, viz : the “Hew York Herald,” the “New York Sun,” the “New York Tribune,” and the “Hew York Times,” in which to publish the advertisement in pursuance of section 2 of the act of the legislature, chapter 227, passed April 24th, 1863, which is as follows: “Ho portion of the sums which shall hereafter be raised by tax or assessment in the city…
1Opinion of the Court
By the Court,
Sutherland, J.
The words of the act are “ four papers having the largest daily circulation.” We have no right to add to this the words “in the city of New York.” It is reasonable and probable, that the legislature intended that the advertisements should be published in the four papers having the largest daily circulation in the city of New York, but it is also reasonable and probable that the ' act was worded on the theory, that the four papers having the largest daily circulation generally would have the largest daily circulation in the city of New York. We think therefore, that…
2Cases cited1 opinion
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
3Cited by13 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- American Casualty Insurance & Security Co. v. FylerSupreme Court of Connecticut · 1891
- State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
- Holliday v. HendersonIndiana Supreme Court · 1879
- People Ex Rel. Ellis-Joslyn Publishing Co. v. Common CouncilNew York Court of Appeals · 1918
8 more not listed; retrieve them via the Exa API.