People Ex Rel. Everson v. . Lorillard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 1, 1892, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue for the purpose stated in the opinion, wherein the material facts are also stated. The act, chapter 249, Laws of 1890, violates section 11 of article 3 of the Constitution of this state.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 1, 1892, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue for the purpose stated in the opinion, wherein the material facts are also stated. The act, chapter 249, Laws of 1890, violates section 11 of article 3 of the Constitution of this state. (People ex rel. v. Bank,, 61 N. Y. 572; Laws of 1883, chap. 490; People v. Squire, 101 N. Y. 593; Wells v. City of Buffalo, 14 Hun, 448.) It is plain that there is nothing in the act of 1890 by which the act of…
1Opinion of the CourtO’Bbiem, J.
The order in this case which has been brought here for review directed a peremptory writ of mandamus to issue to the corporation counsel of the city of Hew York, requiring him to take charge of and conduct with all practicable speed any and all proceedings, authorized by law, for the appointment of commissioners of appraisal, to ascertain the compensation to be paid to the owners or persons interested in certain real estate, designated upon a triplicate map made and filed in pursuance of chapter 249 of the Laws of 1890, and to fix the time and place for the first meeting of the commissioners…
2Cases cited4 opinions
- Smith v. . the PeopleNew York Court of Appeals · 1872
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
3Cited by30 opinions
- City of New York v. StateNew York Court of Appeals · 1976
- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- Burke v. KernNew York Court of Appeals · 1941
- State ex rel. Baughn v. UreNebraska Supreme Court · 1912
- Matter of City of SyracuseNew York Court of Appeals · 1918
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