People ex rel. Argus Co. v. Bresler
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, The Argus Company^ from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 13th day of February, 1902, denying the relator’s motion for a mandamus directed to Frederick U. Bresler, as clerk of the common council of the city of Albany, Ü. T., requiring him to deliver to the relator for publication all matter required by law to be published in the city’s official papers.
1Opinion of the Court
Kellogg, J.:
The question presented by this appeal relates to the right of the president of the common council of a city of the second class to vote "in the designation of an official newspaper. The Special Term interpreted the statute as giving to the president such right. I think in this the learned court was in error.
The common council mentioned in the act (Laws of 1898, chap. 182) is a legislative body; “ its authority except as otherwise provided in this act, or by other laws of the State is legislative only.” (§ 12.) The common council is composed of one alderman from each ward and a…
2Cited by5 opinions
- Jensen v. Independent Consolidated School District No. 85Supreme Court of Minnesota · 1924
- Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
- In re HeafyAppellate Division of the Supreme Court of the State of New York · 1936
- Cromarty v. LeonardNew York Supreme Court · 1961
- People ex rel. Walsh v. TellerNew York Supreme Court · 1938