People v. President & Trustees of Brooklyn
New York Supreme Court
• Motion for a mandamus. At the last term, an alternative manc]amug Was ordered in this case, on the application of the relators, stating that on the 3d day of March last, a petition , , , , „ „ , ... ' was presented to the board of trustees of the village of Brook-praying the opening of a street in that village, called Adams street, from its then southerly termination to Fulton . „ , . . „ , , street; that m conformity to the provisions of the act relat've t0 ^ie v^as!e °f…
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• Motion for a mandamus. At the last term, an alternative manc]amug Was ordered in this case, on the application of the relators, stating that on the 3d day of March last, a petition , , , , „ „ , ... ' was presented to the board of trustees of the village of Brook-praying the opening of a street in that village, called Adams street, from its then southerly termination to Fulton . „ , . . „ , , street; that m conformity to the provisions of the act relat've t0 ^ie v^as!e °f Brooklyn, passed April 3d, 1827, (Statutes, vol. 8, a. 127,) commissioners of estimate and assessment were appointed on…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question to be determined is, upon what papers are we to act 1 We have before us the affidavits upon which the alternative mandamus was granted, the return of the trustees, and a great number of affidavits, which are intended as a replication to the return of the trustees. These latter affidavits are altogether inadmissible. The relators stated their case in the first instance : upon that, we called upon the trustees to shew cause why they had not proceeded. They have shewn cause by their return; and upon the original papers, and the return, we are to act.…
2Cited by45 opinions
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
- Ayres v. C., R. I. & P. R.Supreme Court of Iowa · 1879
- State ex rel. Board of Transportation v. Fremont, Elkhorn & Valley R. R.Nebraska Supreme Court · 1887
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