People ex rel. Town of Rochester v. Deyoe
New York Supreme Court
Certiorari to review the proceedings of the county clerk of Ulster county, upon an affidavit made by him, and filed in the office of said clerk, under the provisions of various statutes;' the first of which is entitled “An act to facilitate the construction of the New York and Oswego Midland Railroad, and to authorize towns to subscribe to the capital stock thereof, passed April 5th, 1866 (chap. 398), and of the several acts amendatory thereto, to carry into effect the…
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Certiorari to review the proceedings of the county clerk of Ulster county, upon an affidavit made by him, and filed in the office of said clerk, under the provisions of various statutes;' the first of which is entitled “An act to facilitate the construction of the New York and Oswego Midland Railroad, and to authorize towns to subscribe to the capital stock thereof, passed April 5th, 1866 (chap. 398), and of the several acts amendatory thereto, to carry into effect the purposes and provisions of the said acts. Under the provisions of the amended act of 1870, chap 794, § 4, certain parties…
1Opinion of the CourtP. Potter, J.
The right, or rather the authority, to issue bonds in order to create a liability upon the town of Rochester and upon the tax payers thereof, in aid of the railroad in question, was conditioned upon first obtaining the consent, in writing, of a majority of the tax payers of such town owning or representing (as agent, president or otherwise, including owners of non-resident lands) more than one-half of the taxable property assessed, and appearing upon the assessment roll of the year preceding the date of acknowledging or proving the consents given or obtained. Laws 1866, chap. 398, § 3; Laws…
2Cases cited11 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Stow v. WyseSupreme Court of Connecticut · 1828
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