Legal Opinion

In re Dean

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

Decided May 5, 1920Published

Appeal by the petitioner, Fred E. Dean, from an order of the Supreme Court, made at the Erie Special Term .and entered in the office of the clerk of the county of Niagara on the 26th day of January, 1920, denying petitioner’s application for a writ of mandamus.

1Opinion of the Court

Clark, J.:

The village of Wilson is incorporated, and in the year 1915 it took proper steps to pave a sixteen-foot strip in the center of a portion of Young street in that village. Bonds were issued and sold, the money for the improvement was raised, the contract let to the F. E. Dean Company and it completed the work and received full pay therefor. This was with reference to the sixteen-foot strip in the center of the street.

After the contract for the construction of this sixteen-foot strip had been awarded, the board of trustees of the village, by resolution, attempting to act under section…

2Cases cited4 opinions

  1. People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
  2. Genet v. . City of BrooklynNew York Court of Appeals · 1885
  3. People Ex Rel. Farley v. . WinklerNew York Court of Appeals · 1911
  4. Gaynor v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1916

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