People ex rel. Mulholland Co. v. Nowak

An alternative writ of mandamus was granted requiring the common council of the city of Dunkirk to audit and pay the bill of the relator amounting to $6,700 for the sale of a motor-chemical-fire apparatus. The respondents, the common council of the city of Dunkirk, served an answer. By stipulation the present councillors are substituted as parties defendant. The issues presented by the writ and answer were tried before the court, a jury being waived. The following facts appear:

The common council of the city of Dunkirk consists of five members, one of whom is elected from the city at large and…