Legal Opinion

Everett v. Village of Potsdam

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1906PublishedCited by 6 opinions

Appeal by the plaintiff, Edward A. Everett, from a judgment of the Supreme Court in favor of the defendants, entered in the office 'of the clerk of the county of St. Lawrence on the 17th day of January, 1906, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, dismissing the plaintiff’s complaint.

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Appeal by the plaintiff, Edward A. Everett, from a judgment of the Supreme Court in favor of the defendants, entered in the office 'of the clerk of the county of St. Lawrence on the 17th day of January, 1906, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, dismissing the plaintiff’s complaint. At an election held in the village of Potsdam March 21, 1905, there was submitted a proposition for the establishment or "acquisition by said village of a system for supplying the village and its inhabitants with light at a cost not exceeding $40,000. The…

1Opinion of the Court

Cochrane, J.:

Section 241 of the Village Law (Laws óf. 1897," chap. 414) is-as follows.: “A proposition may'be submitted at a village election - for the establishment of a system for supplying the village and its inhabitants with light by any approved method or for the acquisition of an existing private system at an expense in either case not-exceeding the sum stated in the proposition.”.

Section 60 of the Village Law provides that “ The provisions othe Election Law relating to. ballots apply to propositions submitted under this chapter,” and section 82 of the Election Law* provides: “ If there…

2Cited by6 opinions

  1. Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
  2. Turner v. RamseySupreme Court of Oklahoma · 1917
  3. Logan v. City of BismarckNorth Dakota Supreme Court · 1923
  4. State Ex Rel. Village of Upper Sandusky v. SnyderOhio Supreme Court · 1935
  5. Gebhardt v. WilcoxAppellate Division of the Supreme Court of the State of New York · 1935

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