People ex rel. U.S. Standard Voting Machine Co. v. City of Geneva
Appellate Division of the Supreme Court of the State of New York
Appeal by the relators, the IT. S. Standard Voting Machine Company and another, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the cleric of the county of Ontario on the 30tli day of July, 1904, denying the relators’ application for a peremptory writ of mandamus.
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Appeal by the relators, the IT. S. Standard Voting Machine Company and another, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the cleric of the county of Ontario on the 30tli day of July, 1904, denying the relators’ application for a peremptory writ of mandamus. On the 2d day of June, 1904, an order was served upon all the defendants requiring them to show cause at a Special Term of the Supreme Court appointed to be held in the city of Rochester, N. Y., on the 4th day of June, 1904, why a peremptory writ of mandamus should not issue to compel…
1Opinion of the Court
McLennan, P. J.:
The important questions raised by this appeal are:
1. Was an affirmative vote by two-thirds of defendant’s common council necessary to legally authorize the mayor and clerk to execute the contract in question for and in behalf of the city ?
2. Was any resolution adopted by a two-thirds vote of the common council, which was a valid authorization for said mayor and clerk to so execute such contract ?
3. Was it necessary, in order to make the expenditure contemplated by the proposed contract, to submit the question to the taxpayers at a special election as provided by section 141 of…
2Cases cited1 opinion
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
3Cited by3 opinions
- Automatic Registering MacHine Co. v. Pima CountyArizona Supreme Court · 1930
- Empire Voting Mach. Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1920
- Iocolano v. City of GenevaNew York Supreme Court · 1960