Sun Printing & Publishing Ass'n v. Mayor of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 10, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Constitutional safeguards should be upheld.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered September 10, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Constitutional safeguards should be upheld. (Const. of N. Y. art. 14, §§ 1, 2; Martbury v. Madison, 1 Crunch, 177; Norton v. Shelby Co., 118 U. S. 442; Huntington v. Worthen, 120 U. S. 101; People ex rel. v. Albertson, 55 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to restrain the rapid transit commissioners, the mayor, aldermen and commonalty and other officers of the city of 27ew York from incurring any debt or obligation of the city, under the Laws of 1891, chapter 4, as amended by the Laws of 1892, chapters 102 and 556; Laws of 1894, chapters 528 and 752, and the Laws of 1895, chapter 519, commonly known as the Rapid Transit Acts.
The acts, in brief, create a rapid transit commission and provide that the commissioners shall, in case they deem it necessary and upon the written request of the local authorities, proceed to locate…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- Hequembourg v. City of DunkirkNew York Supreme Court · 1888
3Cited by135 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Koy v. SchneiderTexas Supreme Court · 1920
- Gilchrist v. Interborough Rapid Transit Co.Supreme Court of the United States · 1929
- Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of the United States · 1924
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
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