People Ex Rel. Simon v. . Bradley
New York Court of Appeals
Appeal from ail order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 22, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the individuals who as aldermen and councilman constitute the common council of the city of Buffalo, and the mayor of said city, in substance, to determine the amounts, times of payment and rates of interest of $5,000 of bonds of said city, the…
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Appeal from ail order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 22, 1913, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the individuals who as aldermen and councilman constitute the common council of the city of Buffalo, and the mayor of said city, in substance, to determine the amounts, times of payment and rates of interest of $5,000 of bonds of said city, the proceeds of which shall be used in paying the lawful expenses of the terminal station commission of the city of Buffalo,…
1Opinion of the CourtChase, J.
This appeal presents but one question that requires special consideration and that is whether the act of the legislature above quoted violates the provisions of the Constitution. In considering that question we may take judicial notice of the location, size and commercial importance of the city of Buffalo. It is conceded that a large number of important trunk-line railroads terminate in or pass through the city, and each has passenger and freight depots and accompanying terminal tracks, sidings and switches within its boundaries. There are several hundred miles of railroad tracks in its…
2Cases cited29 opinions
- People v. . GillsonNew York Court of Appeals · 1888
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
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3Cited by33 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Achenbach v. KincaidIdaho Supreme Court · 1914
- Anderson v. ReganNew York Court of Appeals · 1981
- In re OransNew York Court of Appeals · 1965
- In re KesslerIdaho Supreme Court · 1915
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