People ex rel. Houston v. Mayor of New York
New York Supreme Court
Alternative Mandamus to the Mayor of the city of New York. The writ shows that George Houston, the relator, is a citizen of the United States, a free citizen of this state, a freeman of the city of New York, over twenty-one years of age, and that he has for about five years been a driver of omnibuses in that city, and was licensed in 1849 as a stage driver, which license being about to expire,, he applied to the defendant in February 1851, for another license, and tendered…
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Alternative Mandamus to the Mayor of the city of New York. The writ shows that George Houston, the relator, is a citizen of the United States, a free citizen of this state, a freeman of the city of New York, over twenty-one years of age, and that he has for about five years been a driver of omnibuses in that city, and was licensed in 1849 as a stage driver, which license being about to expire,, he applied to the defendant in February 1851, for another license, and tendered the legal fees; and that the mayor refused to. grant the license. The defendant now moves to quash the mandamus.
1Opinion of the Court
Mitchell, Justice.
It was properly admitted in the argument that the ordinances of the common council are not public acts; at least in such sense, that they can be noticed without being specially set forth in pleading. The mandamus in this case sets forth no ordinance, so that the rights of the relator depend, so far as any thing before the court shows, on the laws of the state only, and not on the ordinances of the city.
The case of the Commercial Bank of Albany vs. The Canal Commissioners (10 Wend. 25), shows clearly that in an alternative mandamus the relator must set forth the facts on…
2Cases cited1 opinion
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by12 opinions
- City of Austin v. WaltonTexas Supreme Court · 1887
- Karchmer v. StateCourt of Criminal Appeals of Texas · 1911
- People ex rel. Worth v. GrantNew York Supreme Court · 1890
- People ex rel. Van Norder v. Sewer, Water & Street CommissionAppellate Division of the Supreme Court of the State of New York · 1904
- Pomeroy v. LappeusOregon Supreme Court · 1881
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