Curran v. Guilfoyle
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Vincent Curran, from an order of the Supreme Court, made at the Kings County Special Term, bearing date tile 20th day of December, 1898, and entered in the office of .the clerk of the county of Kings, denying his motion for a peremptory writ of mandamus directed to John Guilfoyle, ás commissioner of buildings for the borough of Brooklyn, city of New York, commanding him to approve certain plans for the erection of a building upon that part of Fourth…
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Appeal by the petitioner, Vincent Curran, from an order of the Supreme Court, made at the Kings County Special Term, bearing date tile 20th day of December, 1898, and entered in the office of .the clerk of the county of Kings, denying his motion for a peremptory writ of mandamus directed to John Guilfoyle, ás commissioner of buildings for the borough of Brooklyn, city of New York, commanding him to approve certain plans for the erection of a building upon that part of Fourth place,-in the borough of .Brooklyn, known as a court yard, and set apart as a- part of Fourth nlace by chapter 248 of…
1Opinion of the Court
Hatch, J. :
We do not find it necessary, in the disposition of this appeal, to make an examination of the question which controlled the learned court below in denying the motion, or to discuss the interesting question raised by the court in its opinion.
The rule is well settled and has been many times reiterated by this court, that to entitle a person to a writ of peremptory mandamus he must establish a clear legal right thereto, and the burden rests upon him. There can be no doubt that a municipality* in the exercise of the right of eminent domain, may take land for' street purposes. There is…
2Cases cited2 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Child v. . ChappellNew York Court of Appeals · 1853
3Cited by7 opinions
- University of Southern California v. RobbinsCalifornia Court of Appeal · 1934
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Sebring v. QuackenbushNew York Supreme Court · 1923
- Linton v. CoupeAppellate Division of the Supreme Court of the State of New York · 1910
- Barker v. A. I. Namm & SonAppellate Division of the Supreme Court of the State of New York · 1935
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