People ex rel. St. Nicholas Avenue & Cross Town Railroad v. Grant
New York Supreme Court
Appeal from special term, New York county. Application by the St. Nicholas Avenue & Cross Town Railroad Company for a peremptory writ of mandamus to compel Hugh J. Grant, as mayor of the city of New York, to designate two newspapers of the city in which- might be published notice of the time, place; and terms of sale of a street-railway franchise for operating a road over a route adopted by the board of aldermen of the city.
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Appeal from special term, New York county. Application by the St. Nicholas Avenue & Cross Town Railroad Company for a peremptory writ of mandamus to compel Hugh J. Grant, as mayor of the city of New York, to designate two newspapers of the city in which- might be published notice of the time, place; and terms of sale of a street-railway franchise for operating a road over a route adopted by the board of aldermen of the city. From an order denying the application, relator appeals. Affirmed.
1Per curiam
We might content ourselves with affirming the order appealed from upon the opinion of the court below. Deeming it, however, unnecessary to consider or determine all the questions reviewed by the learned judge at special term, or presented by the appellant upon this appeal, we feel safe in placing our affirmance upon the ground that the failure to properly advertise the time and place when the application made by the relator was first to be considered by the board of aldermen, as required by section 4, c. 252, Laws 1884, is fatal to relator’s right to a peremptory mandamus. It is conceded that…
2Cited by1 opinion
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