Stubbe v. Adamson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Robert Adamson and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of November, 1915, granting relators’ motion for an alternative writ of mandamus requiring the appellants to pass upon the application of the petitioners, and if found otherwise to conform to the requirements of the law to issue to them a garage permit irrespective of…
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Appeal by the defendants, Robert Adamson and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of November, 1915, granting relators’ motion for an alternative writ of mandamus requiring the appellants to pass upon the application of the petitioners, and if found otherwise to conform to the requirements of the law to issue to them a garage permit irrespective of whether or not they have installed in their garage an oil separator or similar apparatus.
1Opinion of the Court
Laughlin, J.:
The purpose of this proceeding is to test the validity of the provisions of section* 155 (Art. 11) of chapter 10 of the Code of Ordinances of the city of New York, in so far as the same require the installation of an oil separator or similar appliance, as a condition precedent to the right of the owner or proprietor óf a garage to obtain a permit which will enable him to conduct the garage business, for the petitioners pray that a mandamus issue requiring the appellants to pass upon their application for a garage permit irrespective of whether or not they have complied with the…
2Cases cited21 opinions
- In Re KemmlerSupreme Court of the United States · 1890
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- Village of Carthage v. . FrederickNew York Court of Appeals · 1890
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Frank L. Fisher Co. v. WoodsNew York Court of Appeals · 1907
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3Cited by2 opinions
- City of Marysville v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1928
- City of Marysville v. Standard Oil Co.Court of Appeals for the Eighth Circuit · 1928