People Ex Rel. Hetfield v. Trustees of the Fort Edward
New York Court of Appeals
Appeal from order of the General.Term of the Supreme Court in the third judicial department affirming an order of Special Term denying a motion for a peremptory mandamus.
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Appeal from order of the General.Term of the Supreme Court in the third judicial department affirming an order of Special Term denying a motion for a peremptory mandamus. The application was for a writ of peremptory mandamus directed to the trustees or commissioners of the village of Fort Edward, commanding them to issue and sell or deliver the bonds of said village for $20,000 in aid of the Glens Falls Railroad Company, which was claimed to have been authorized and required by chapter 953, laws of 1867, and chapter 317, laws of 1868. The proceedings were originally commenced by Culver and…
1Opinion of the CourtAndrews, J.
The mandamus was properly refused for several reasons:
First. The power of the commissioners appointed by the act, chapter 953 of the Laws of 1867, to borrow money and to issue the bonds of the village of Fort Edward, in aid of the construction of the railroad mentioned in the act, was made by the fifth section to depend upon the affirmative vote of the taxable electors of the village, at an election to be held at a time and place to be designated by the board of trustees, notice of which, the section declares, “ shall be published in a public newspaper of the village for at least two weeks…
2Cases cited2 opinions
- Olcott v. . RobinsonNew York Court of Appeals · 1860
- Falconer v. . the B. J.R.R. Co.New York Court of Appeals · 1877
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- New York State Guernsey Breeders' Co-operative, Inc. v. NoyesAppellate Division of the Supreme Court of the State of New York · 1940
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