People ex rel. Dady v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Michael J. Dady, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the. county of Kings on the 12th day of March, 1897, denying his application for a peremptory writ of mandamus commanding the defendants, as members of the commission constituted by chapter 639' of the Laws of 1895, to pay the amount alleged to be due to the relator upon a contract for constructing and grading Neptune…
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Appeal by the relator, Michael J. Dady, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the. county of Kings on the 12th day of March, 1897, denying his application for a peremptory writ of mandamus commanding the defendants, as members of the commission constituted by chapter 639' of the Laws of 1895, to pay the amount alleged to be due to the relator upon a contract for constructing and grading Neptune avenue, in the town of Gravesend, or to take proceedings for the issue of bonds on account of said contract.
1Opinion of the Court
Willard Bartlett, J.:
We think the learned judge at Special Term was right in holding that chapter 639 of the Laws of 1895 is applicable only to such claimants as shall voluntarily appear before the commission therein designated and submit to its jurisdiction; and hence that the relator could obtain no relief under that statute, inasmuch as he had not consented that the commission should adjudicate upon his claim.
His application was doubtless due. to the view which we expressed in regard to the scope, and operation of the act of 1895 in The People ex rel. Dady v. Supervisor (6 App. Div. 225).…
2Cases cited1 opinion
- People ex rel. Dady v. SupervisorAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- People ex rel. Dady v. BennetAppellate Division of the Supreme Court of the State of New York · 1897