Legal Opinion

People ex rel. Board of Commissioners for the Erection of a New Court House v. Board of Supervisors

New York Court of Appeals

Decided February 25, 1902PublishedCited by 6 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 18, 1902, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to issue county bonds for the purpose of raising a sum of money to pay .for the erection of a court house in the county of Oneida, pursuant to the provisions of chapter 89 of the Laws of 1901. The facts, so far as material, are stated…

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 18, 1902, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to issue county bonds for the purpose of raising a sum of money to pay .for the erection of a court house in the county of Oneida, pursuant to the provisions of chapter 89 of the Laws of 1901. The facts, so far as material, are stated in the opinion. The act of the legislature under consideration violates section 27 of article 3 and section 2 of…

1Opinion of the CourtIIaight, J.

Chapter 89 of the Laws of 1901 provided that certain gentlemen residing in the county of Oneida, naming them, should constitute a board of commissioners for the erection of a new court house in the county at the city of Utica, at an expense not to exceed $350,000, and required the board of supervisors of the county to make provision for the payment thereof by issuing the bonds of the county for the amount required by the commissioners. This the board of supervisors refused to do, for the reason that the act is claimed to be in violation of section two, article ten, and section twenty-seven,…

2Cases cited9 opinions

  1. The People v. . Simeon DraperNew York Court of Appeals · 1857
  2. Pike v. . HonsingerNew York Court of Appeals · 1898
  3. Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
  4. Matter of HennebergerNew York Court of Appeals · 1898
  5. Mayor of New York v. Tenth National BankNew York Court of Appeals · 1888

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3Cited by6 opinions

  1. Stanton v. . Board of SupervisorsNew York Court of Appeals · 1908
  2. State ex rel. Gubbins v. AnsonWisconsin Supreme Court · 1907
  3. People ex rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1903
  4. Victor J. Georgetti, Inc. v. City of Long BeachNew York Supreme Court · 1968
  5. Coyne v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1920

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