People Ex Rel. Francis v. . Common Council
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, iu the third judicial department, affirming an order of Special Term directing the issuing of a peremptory writ of mandamus directed to the common council of the city of Troy, requiring them to designate The Troy Daily Times, a newspaper of which the relators are the proprietors, as an official paper of the city of Troy. (Deported below, 17 Hun, 20.) The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, iu the third judicial department, affirming an order of Special Term directing the issuing of a peremptory writ of mandamus directed to the common council of the city of Troy, requiring them to designate The Troy Daily Times, a newspaper of which the relators are the proprietors, as an official paper of the city of Troy. (Deported below, 17 Hun, 20.) The facts appear sufficiently in the opinion. The court below had no power to direct the common council to designate any certain paper named in the writ. (People v. Judges, 20 Wend.,…
1Opinion of the CourtEaballo, J.
By section 3 of title 2 of the charter of the city of Troy (Laws 1873, chap. 813, p. 1216), the common council is required to “ designate not to exceed four newspapers having the largest circulation in the city, in which the city advertising shall be done, only on the order of the common council.” ¡No mode of ascertaining which papers have the largest circulation is pointed out by the statute, and consequently that question is left open as one of fact, to bo determined by the common council.
That body, at a regular meeting held on the 12th of March, 1878, designated,- as official newspapers…
2Cases cited3 opinions
- Howland v. . EldredgeNew York Court of Appeals · 1871
- People ex rel. Opdyke v. BrennanNew York Supreme Court · 1863
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1837
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- Klostermann v. CuomoNew York Court of Appeals · 1984
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- Boody v. WatsonSupreme Court of New Hampshire · 1886
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