People Ex Rel. Albany & Susquehanna Railroad v. Mitchell
New York Court of Appeals
Appeal from the affirmance by the Supreme Court, at a General Term, held in the third judicial district, of an order at the Schoharie Special Term, awarding a peremptory man-damns against the defendants, directing them to subscribe, in behalf of the town of Summit, for $25,000 of the stock of the Albany and Susquehanna Railroad Company, and to issue bonds therefor, as prescribed by law.
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Appeal from the affirmance by the Supreme Court, at a General Term, held in the third judicial district, of an order at the Schoharie Special Term, awarding a peremptory man-damns against the defendants, directing them to subscribe, in behalf of the town of Summit, for $25,000 of the stock of the Albany and Susquehanna Railroad Company, and to issue bonds therefor, as prescribed by law. The material facts, essential to show the obligation and refusal of the defendants to make the subscription and issue the bonds, were alleged in the affidavits on which the motion was founded, and were met by…
1Opinion of the CourtPortee, J.
The principles settled in the recent and unanimous judgment of the Supreme Court of the United States, in the case of Thompson v. Lee County, would be decisive in favor of the relators, irrespective of other considerations equally fatal to the defendants. (3 Wallace, 327.)
■ The following are two of the propositions affirmed in that decision : 1. “A county, or other municipal corporation, has no inherent right, of legislation, and cannot subscribe for stock in a public improvement, unless authorized to do so by the legislature. But the legislature of a State, unless restrained by the - organic…
2Cited by37 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Morris & Cummings v. State ex rel. GussettTexas Supreme Court · 1884
- Leonardo v. Board of County CommissionersCourt of Appeals of Maryland · 1957
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