People ex rel. Reynolds v. Common Council of City of Buffalo
Superior Court of Buffalo
Application by Amelia E. .Reynolds for a writ of mandamus to compel the common council of the city of Buffalo to audit and adjust the damages to her property by the opening of Elmwood avenue. The damages were appraised by commissioners appointed under Laws 1890, c. 393, authorizing the city of Buffalo to audit and adjust relator’s claim, and their report was confirmed by the court. Afterwards, by Laws 1891, c. 42, the act of 1890 was repealed.
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Application by Amelia E. .Reynolds for a writ of mandamus to compel the common council of the city of Buffalo to audit and adjust the damages to her property by the opening of Elmwood avenue. The damages were appraised by commissioners appointed under Laws 1890, c. 393, authorizing the city of Buffalo to audit and adjust relator’s claim, and their report was confirmed by the court. Afterwards, by Laws 1891, c. 42, the act of 1890 was repealed. For a more particular statement of facts and the provisions of the act of 1890, see 21 N. Y. Supp. 592.
1Opinion of the CourtHatch, J.
Upon the motion for a stay of proceedings, Judge Beck-with, in an elaborate and able opinion, determined that it was within *599the power of the legislature to pass an act for the relief of the relator, and that the facts of this case fully warranted its intervention. He further held that the fact that the execution by her of the contract set out in the return, based upon the motion for a stay, and proved before the commissioners, did not work an estoppel of her right to have her claim for damage considered under the act, although being highly proper for consideration by the commissioners in…
2Cases cited11 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- People v. . O'BrienNew York Court of Appeals · 1888
- McGahey v. VirginiaSupreme Court of the United States · 1890
- Gilman v. . TuckerNew York Court of Appeals · 1891
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
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3Cited by2 opinions
- Langdon v. Teachers' Retirement BoardNew York Supreme Court · 1929
- In re the Application of MurrayAppellate Division of the Supreme Court of the State of New York · 1931