Schieffelin v. Walker

The following is the opinion of the court below:

Wasservogel, J.

The relator has applied for a peremptory mandamus order to direct the elimination from the New York city budget for 1928 of the appropriation contained in code 3023-of said budget reading as follows: “ Code 3023. For the 1928 amortization installment on Rapid Transit corporate stock for the independent subway system maturing in 1929, 1930 and 1931, $13,000,000.” •

It was conceded upon the argument by counsel for the respective parties that no issue of fact is raised by the answers of the respondents to the petition and the…