City & County Contract Co. v. Bussing

Rich, J.:

This is a submission of a controversy under the provisions of article 2 of title 2 of chapter 11 of the Code of Civil Procedure. In 1898 the charter of the city of Mount Vernon authorized the common council to lay out and open a street “by a unanimous vote of all its members.” (Laws of 1892, chap. 182, § 170.) The common council in that year was composed of ten aider-men. At a meeting held April thirteenth, attended by eight of its ten members, a resolution was adopted by the unanimous vote of the aldermen present to open and extend East Fourth *316street from its then termihiis at…