O'Brien v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by The Mayor, Aldermen and Commonalty of the City of New York, the defendant in each of the above-entitled actions, from' an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county- of New York on the 23d day of November, 1898, denying the defendant’s motion to set aside judgments entered in each of said actions in favor of the plaintiffs, upon offers of judgment made by Francis M. Scott, corporation counsel.
1DissentMcLaughlin, J.
(dissenting) :
I cannot agree with the other members of the court to affirm this: order. The corporation counsel, in my opinion, had no authority to make the offer upon which the judgments were entered, and,, therefore, his act is not binding on the city. All the power which, the city has is specifically expressed in or necessarily implied from, the charter; and the corporation counsel, the legal adviser of the= city, has no power, other than that derived from the city through the charter, and every act assumed to be done by him in excess of", that power is void. The charter in effect at the…
2Cases cited5 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Beers v. . HendricksonNew York Court of Appeals · 1871
- People & Taylor v. Mayor of New YorkNew York Supreme Court · 1860