People ex rel. Comstock v. Mayor of Syracuse
New York Supreme Court
Appeal from special term, Onondaga county. Application by George F. Comstock for a writ of peremptory mandamus to the mayor and common council of the city of Syracuse. The writ was granted, and defendant appeals.
1Opinion of the CourtMartin, J.
This was an appeal from an order directing that a peremptory writ of mandamus issue requiring the mayor and common council of the city of Syracuse to include in the city tax-levy for the year 1890 the sum of $5,000, for payment in whole or in part of the cost of opening and improving Comstock avenue in that city. The order was based on the provisions of section 19, c. 475, Laws 1889, amending section 106, c. 26, Laws 1885. Before the amendment of 1889, that portion of the statute of 1885 which was amended was as follows: “The common council of the city of Syracuse shall have authority, and…
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