People ex rel. Rodgers v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal hy the relator, William J. Rodgers, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of August, 1898, denying the relator’s motion for a peremptory writ of mandamus directing and commanding the respondent James P. Keating, as commissioner of highways of the city of Hew York, to return to the respondent Bird S. Coler, as comptroller of the city of New York, the bid made…
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Appeal hy the relator, William J. Rodgers, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 5th day of August, 1898, denying the relator’s motion for a peremptory writ of mandamus directing and commanding the respondent James P. Keating, as commissioner of highways of the city of Hew York, to return to the respondent Bird S. Coler, as comptroller of the city of New York, the bid made by the relator for regulating, etc., Woodlawn road from Jerome avenue to Bronx park, and further directing said…
1Opinion of the Court
Van Brunt, P. J.:
It seems to us upon a reading of the statute that it was the intention of the Legislature that there should be no relaxation of the requirement that all bids or proposals should be publicly opened by the officer or officers advertising for the same. This is not only explicitly required by the language of the statute, but the fact that there is also a requirement that such opening shall take place in the presence of the comptroller, followed by the further provision that the opening of the bids shall not he postponed if the comptroller shall, after due notice fail to attend,…
2Cited by2 opinions
- Nielsen v. City of St. PaulSupreme Court of Minnesota · 1958
- McCord v. LauterbachAppellate Division of the Supreme Court of the State of New York · 1904