People ex rel. Lucey v. Molloy
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, James Lucey, from an order of the Supreme Court, made at the Greene Special Term and entered in the office of the clerk of the county of Bensselaer on the 16th day of Hay, 1898, denying the relator’s motion for a writ of mandamus directed to the respondents, commanding them to reconvene as the board of estimate and apportionment of the city of Troy, and to make out an estimate and apportionment of the amount of money to be raised by taxes in the city…
Read the full summary
Appeal by the relator, James Lucey, from an order of the Supreme Court, made at the Greene Special Term and entered in the office of the clerk of the county of Bensselaer on the 16th day of Hay, 1898, denying the relator’s motion for a writ of mandamus directed to the respondents, commanding them to reconvene as the board of estimate and apportionment of the city of Troy, and to make out an estimate and apportionment of the amount of money to be raised by taxes in the city of Troy, and embracing and including therein a certain additional assessment of $6,384.02, made upon the property and the…
1Opinion of the Court
Landon, J.:
If the act of 1897 is a valid one, we think it was the duty of the board of estimate and apportionment to include the sum of $6,384.02 in its estimate of the several sums necessary to be raised by taxation upon the city at large, and transmit the same to the common coun~ cil. To refuse to do this was to refuse obedience to the statute. The Legislature intended that all the steps necessary to the execution of the statute should be taken. Mandamus is the proper remedy. (People ex rel. Witherbee v. Supervisors, 70 N. Y. 228.)
The respondents object that the statute is defective and not…
2Cases cited2 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
3Cited by7 opinions
- People Ex Rel. Clark v. GilchristNew York Court of Appeals · 1926
- Pardee v. RayfieldAppellate Division of the Supreme Court of the State of New York · 1920
- Bogart v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1945
- Oehmig v. City of ChattanoogaTennessee Supreme Court · 1935
- Krull v. Bennett Homes & Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1939
2 more not listed; retrieve them via the Exa API.