Long Sault Development Co. v. Kennedy
New York Court of Appeals
Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 20, 1913, which affirmed, as matter of law, and not in the exercise of discretion, ■ an order of Special Term denying the petitioner’s application for a writ of mandamus to compel the state treasurer to accept from the Long Sault Development Company the sum of $25,000 as a payment due to the state of New York under…
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Appeal in each of the above-entitled proceedings from an order of the Appellate Division of the Supreme Court in the third judicial department, entered October 20, 1913, which affirmed, as matter of law, and not in the exercise of discretion, ■ an order of Special Term denying the petitioner’s application for a writ of mandamus to compel the state treasurer to accept from the Long Sault Development Company the sum of $25,000 as a payment due to the state of New York under chapter 355 of the Laws of 1907. The facts, so far as material, are stated in the opinion. The state has the power to…
1Opinion of the Court
Willard Bartlett, Ch. J.
The purpose of both of these proceedings is the same and they are substantially alike except that in one case the moving party is the Long Sault Development Company, the corporation directly interested, while in the other the petitioner is a taxpayer of St. Lawrence county, where the proposed works of the corporation are to he established. They were heard together in the Appellate Division and disposed of there as one case.
The order of the Special Term contains a declaration which might preclude a consideration of the appeal if it appeared also in that of the Appellate…
2Cases cited6 opinions
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- People v. . O'BrienNew York Court of Appeals · 1888
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
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3Cited by44 opinions
- Appleby v. City of New YorkSupreme Court of the United States · 1926
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Niagara Falls Power Co. v. Water Power & Control CommissionNew York Court of Appeals · 1935
- People v. . Steeplechase Park Co.New York Court of Appeals · 1916
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
39 more not listed; retrieve them via the Exa API.