People ex rel. Taylor v. Brennan
New York Supreme Court
APPEAL by the defendant from an order made at a special term, awarding a writ of peremptory mandamus. On the 20th December, 1852, the common council of the city of New York passed a resolution, which was approved by the mayor, directing that “the land to be made on the North river, together with the bulkhead, between Gansevoort street and Twelfth street, be sold to D. E. Martin, or any other applicant, and that it be referred to the commissioners of the sinking fund to fix…
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APPEAL by the defendant from an order made at a special term, awarding a writ of peremptory mandamus. On the 20th December, 1852, the common council of the city of New York passed a resolution, which was approved by the mayor, directing that “the land to be made on the North river, together with the bulkhead, between Gansevoort street and Twelfth street, be sold to D. E. Martin, or any other applicant, and that it be referred to the commissioners of the sinking fund to fix the terms and price of sale.” On the 27th of December, 1852, at a meeting of the commissioners of the sinking fund, a…
1DissentClerke, J.
(dissenting.) I suppose, as we intimated in The People on the relation of Green v. Wood, (35 Barb. 653,) that we should consider ourselves constrained, under the authority of The People v. Flagg, (16 Barb. 503,) to entertain the application in this case; the common council having ordered a specific act to be done by the comptroller, in order to complete their alleged contract with the relator. Although. the relator, in that case, had his ordinary legal remedy against the corporation, the court granted the mandamus against the comptroller. The case now before us amply illustrates the danger of…
2Cases cited2 opinions
- People ex rel. Reynolds v. FlaggNew York Supreme Court · 1853
- People ex rel. Green v. WoodNew York Supreme Court · 1861