People Ex Rel. Board of Commissioners v. Banks
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 directing a mandamus to issue requiring defendant, as mayor of the city of Albany, to prepare and sign certain bonds of said city as provided in and by chapter 445, Laws of 1876, entitled “An act in relation to that portion of the Great Western Turnpike road commonly known as Western avenue, lying between Snipe street, in the city of Albany, on the…
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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 directing a mandamus to issue requiring defendant, as mayor of the city of Albany, to prepare and sign certain bonds of said city as provided in and by chapter 445, Laws of 1876, entitled “An act in relation to that portion of the Great Western Turnpike road commonly known as Western avenue, lying between Snipe street, in the city of Albany, on the east, and the west line of the proposed new boulevard, intersecting the said road west of Allen street, in said city, on…
1Opinion of the CourtAllen, J.
The act upon which the relators base their claim of right to demand the issue by the defendant and appellant, as the mayor of the city of Albany, of the corporate bonds of the city (Laws of 1876, chap. 445) is mandatory, and as it is conceded that all the conditions and provisions of the law to entitle the relators to the relief demanded have been complied with, if the law is in form and substance a valid and constitutional exercise of legislative power, the writ of mandamus was properly granted by the Supreme Court, and the order must be affirmed.
The legislative power over the general…
2Cases cited6 opinions
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- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Matter of Lands in the Town of FlatbushNew York Court of Appeals · 1875
- Petition of Wm. B. Astor to Vacate an Ass't.New York Court of Appeals · 1872
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3Cited by91 opinions
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