People Ex Rel. Ellis-Joslyn Publishing Co. v. Common Council
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 17, 1917, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to deliver to relator for publication in a newspaper owned by it copies of the records of the proceedings of the Common council of the city of Lackawanna and of various minutes, notices and other matter for official publication.
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Appeal from, an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 17, 1917, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendants to deliver to relator for publication in a newspaper owned by it copies of the records of the proceedings of the Common council of the city of Lackawanna and of various minutes, notices and other matter for official publication. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
His cock, Ch. J.
The relator is the owner and publisher of a paper known as the Lackawanna Journal. In 1914, under provisions of the charter of the city of Lackawanna, which will be hereafter referred to, said paper was selected as the official publication in which should be printed a record of the proceedings of the common council of said city and other official notices and matter. Said paper was concededly continued as the official paper of the city until August, 1916, through failure of the common council to designate any other paper. In that month said body designated another official…
2Cases cited10 opinions
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Van Tine v. . PurdyNew York Court of Appeals · 1917
- People Ex Rel. Perrine v. . ConnollyNew York Court of Appeals · 1916
- People Ex Rel. Flynn v. . WoodsNew York Court of Appeals · 1916
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3Cited by2 opinions
- Matter of Haydorn v. . CarrollNew York Court of Appeals · 1918
- Matter of Astwood v. CohenNew York Court of Appeals · 1944