People Ex Rel. Reynolds v. . Common Council
New York Court of Appeals
Appeal from order of the General Teim of the Superior Court of Buffalo, made December 20, 1892, which affirmed an order of Special Term granting an application by the relator for a writ of peremptory mandamus to compel the defendant to audit a claim for damages to certain property, real estate, belonging to her in the city of Buffalo.
Read the full summary
Appeal from order of the General Teim of the Superior Court of Buffalo, made December 20, 1892, which affirmed an order of Special Term granting an application by the relator for a writ of peremptory mandamus to compel the defendant to audit a claim for damages to certain property, real estate, belonging to her in the city of Buffalo. The facts, so far as material, are stated in the opinion. ' Chapter 393, Laws of 1890, is simply permissive and is not mandatory, leaving to the discretion of the common council whether it would or would not audit and pay the claim of the relator. (People ex…
1Opinion of the CourtO’Brien, J.
The order appealed from awarded to the relator a peremptory writ of mandamus, directed to the common council of the city of Buffalo, commanding them forthwith to audit and adjust the damages sustained by the relator, which had been appraised at $5,500, in proceedings for opening and regulating a street and to cause that sum to be raised by a local assessment upon the property benefited by the improvement. The following facts appeared upon the application: In the year 1885 the city of Buffalo instituted proceedings under its charter for the extension of Elmwood avenue and took property for…
2Cases cited7 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- People v. . O'BrienNew York Court of Appeals · 1888
- McGahey v. VirginiaSupreme Court of the United States · 1890
- People Ex Rel. Conway v. Board of SupervisorsNew York Court of Appeals · 1877
- Lower v. United States Ex RelSupreme Court of the United States · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Langever v. MillerTexas Supreme Court · 1934
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- In re CooganNew York Supreme Court · 1899
- Second Ward Savings Bank v. SchranckWisconsin Supreme Court · 1897
- Parker v. Elmira, Cortland & Northern RailroadNew York Court of Appeals · 1901
17 more not listed; retrieve them via the Exa API.