Matter of Emerson v. . Buck
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 17, 1920, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus. ‘ The facts, so far as material, are stated in the opinion.
1Opinion of the CourtAndrews, J.
As the Special Term granted a peremptory writ of mandamus on the application of the respondents, we must assume, in the consideration of this case, that every fact alleged by the appellants is true. With this rule in mind, it appears that chapter 217 of the Laws of 1914 provided a consistent scheme for the government of the city of Buffalo. Both the legislative and the executive and administrative powers of the city were vested - in a council consisting of the mayor and four councilmen. . Representing the city in the latter capacity, the state intrusted to it not only purely municipal…
2Cited by29 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Matter of Divisich v. MarshallNew York Court of Appeals · 1939
- Matter of Fleischmann v. . GravesNew York Court of Appeals · 1923
- Town of Smithtown v. MooreNew York Court of Appeals · 1962
- Schieffelin v. GoldsmithNew York Court of Appeals · 1930
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