Legal Opinion

People Ex Rel. Gas-Light Co. v. . Common Council

New York Court of Appeals

Decided September 16, 1879PublishedCited by 38 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment denying an application for a mandamus. The nature of the writ sought for and the facts appear sufficiently in the opinion. The relator was entitled to the writ of mandamus asked for. (In re Com’rs of Washington Park, 56 N. Y., 144; Peoples v. City of Syracuse, 20 How.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment denying an application for a mandamus. The nature of the writ sought for and the facts appear sufficiently in the opinion. The relator was entitled to the writ of mandamus asked for. (In re Com’rs of Washington Park, 56 N. Y., 144; Peoples v. City of Syracuse, 20 How. Pr., 491; Harrington v. Com’rs., 22 Pick., 263.) The proceedings to acquire title to the land in question had not progressed so far as to prevent the common council from discontinuing and abandoning them in…

1Opinion of the Court

Church, Ch. J.

This is an appeal from a judgment, denying a mandamus to compel the common council of the city of Syracuse to proceed to the assessment and collection of a tax sufficient to pay the relator, and another property owner the appraised value of lands proposed to be taken for street purposes. The commissioners appointed to appraise the value of the lands, filed their report December 11, 1871, and on October 13, 1873, the common council passed a resolution rescinding the original resolution to widen the street and condemn lands therefor, and declared that all proceedings taken…

2Cases cited5 opinions

  1. Howell v. . MillsNew York Court of Appeals · 1873
  2. In the Matter of Comrs. Wash. ParkNew York Court of Appeals · 1874
  3. In re Anthony-streetNew York Supreme Court · 1839
  4. People ex rel. Olmsted v. Board of SupervisorsNew York Supreme Court · 1852
  5. People ex rel. Beach v. Seneca Common PleasNew York Supreme Court · 1829

3Cited by38 opinions

  1. Cahill v. Superior Court of S.F.California Supreme Court · 1904
  2. Boody v. WatsonSupreme Court of New Hampshire · 1886
  3. The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
  4. Teat v. McGaugheyTexas Supreme Court · 1893
  5. Teeple v. State ex rel. BowerIndiana Supreme Court · 1908

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