Legal Opinion

Matter of International Ry. Co. v. . Rann

New York Court of Appeals

Decided July 12, 1918PublishedCited by 27 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 2, 1918, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtPound, J.

This is an application for a peremptory writ of 'mandamus directing the corporation counsel of the city of Buffalo to sign a stipulation of discontinuance of a franchise tax certiorari proceeding instituted by the appellant. The controversy is over the construction of that portion of section 31 of the charter of the city of Buffalo (Laws of 1914, ch. 217, as amended by Laws of 1916, ch. 260) which reads as follows: “No resolution of the council, appropriating money other than for the regular payrolls or to meet any legal obligation of the city, and no resolution incurring or providing for the…

2Cases cited10 opinions

  1. People v. North River Sugar Refining Co.New York Court of Appeals · 1890
  2. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  3. Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
  4. Mills v. . SweeneyNew York Court of Appeals · 1916
  5. Gifford v. . CorriganNew York Court of Appeals · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
  3. Seaver v. . RansomNew York Court of Appeals · 1918
  4. Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
  5. Fosmire v. . National Surety Co.New York Court of Appeals · 1920

22 more not listed; retrieve them via the Exa API.

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