People ex rel. Moore v. Mayor of New York
New York Supreme Court
Certiorari, to review and vacate the proceedings of the defendants relative to the construction of a sewer in John-street, in the city of New-York. From the return to the certiorari the following facts appeared. On the 29th of April, 1847, the corporation of New-York passed an ordinance for the building of a sewer in John-street.
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Certiorari, to review and vacate the proceedings of the defendants relative to the construction of a sewer in John-street, in the city of New-York. From the return to the certiorari the following facts appeared. On the 29th of April, 1847, the corporation of New-York passed an ordinance for the building of a sewer in John-street. On the same day, and at the same time, the corporation appointed Elias L. Smith, Richard I. Smith and .William Sinclair, jr, assessors, to make an estimate and assessment, in conformity to the ordinance directing the sewer to be built. On the 10th of May, 1847, the…
1Opinion of the Court
By the Court, Strong, P. J.
The principal, and only material objections to the proceedings of the defendants in this matter raised by the relator are, 1st. That the corporation removed the commissioners of estimate and assessment first appointed, and substituted others in their place; and 2d. That a contract for the work was executed, and operations were commenced, before the estimate of the expense required by the statute had been made. A preliminary objection was raised by the defendants, that the relator is not entitled to any remedy by certiorari.
I will consider the preliminary objection…
2Cases cited4 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- Ex parte WestonMassachusetts Supreme Judicial Court · 1814
- In re the Petition of Mayor of New-YorkNew York Supreme Court · 1822
3Cited by26 opinions
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
- Jiménez v. ReilySupreme Court of Puerto Rico · 1922
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