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…
1Opinion of the CourtBarnard, J.
The remedy by mandamus is both appropriate and proper in this case. An officer of the corporation undertakes to set at naught the corporate will. Surely the dotporátioü tnust have some legal remedy to compel its subordinate to obey its lawful behests. It is impossible to conceive of any legal remedy adequate for the purpose other than a mandamus. Assuming that the corporation could have sued out the writ, is there any objection to allowing to the- party who is beneficially interested in enforcing the corporate will expressed in his favor, the use of the same remedies which the corporation…
2Cases cited2 opinions
- Ketchum v. City of BuffaloNew York Supreme Court · 1854
- People v. LowberNew York Supreme Court · 1858
3Cited by13 opinions
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Diefenderfer v. State ex rel. First National Bank of ChicagoWyoming Supreme Court · 1905
- People ex rel. Quinn v. VoorhisAppellate Division of the Supreme Court of the State of New York · 1906
- Moss v. Harpeth AcademyTennessee Supreme Court · 1872
- People ex rel. Lighton v. McGuireNew York Supreme Court · 1900
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