People Ex Rel. Smith v. Flagg
New York Court of Appeals
Appeal from the Supreme Court. Alternative mandamus requiring the comptroller of the city of New-York to draw his warrant for the payment to the relator of $1,250 as directed by a resolution of the boards of councilmen and aldermen returned by the mayor without approval or objection and thereby becoming a law, June 26, 1856. The return of the comptroller stated that on the 28th of February, 1855, a resolution was passed by the mayor, aider-men and commonalty, directing the…
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Appeal from the Supreme Court. Alternative mandamus requiring the comptroller of the city of New-York to draw his warrant for the payment to the relator of $1,250 as directed by a resolution of the boards of councilmen and aldermen returned by the mayor without approval or objection and thereby becoming a law, June 26, 1856. The return of the comptroller stated that on the 28th of February, 1855, a resolution was passed by the mayor, aider-men and commonalty, directing the street commissioner to furnish copies of the map of wharves and piers of the North and East rivers, as originally drawn…
1Opinion of the CourtComstock, J.
The resolution of February 28, 1855, only called for a certain number of copies óf Ewen’s map of wharves and piers, with the “ alterations and additions ” to that date. The relator was directed by the street commissioner to comply with the requirements of that resolution; but finding that the alterations and additions were so numerous as to render necessary a new survey and map, he proceeded accordingly, and, having completed his work, furnished five hundred lithographed copies to the common council. These were accepted by them, and they passed, on the 26th of June, 1856, a resolution, that…
2Cases cited1 opinion
- Hodges v. City of BuffaloNew York Supreme Court · 1846
3Cited by56 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
- United States v. City of New YorkCourt of Appeals for the Second Circuit · 1992
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
- Autotote Ltd. v. New Jersey Sports & Exposition AuthoritySupreme Court of New Jersey · 1981
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