People ex rel. Commissioners v. Common Council
New York Supreme Court
APPEAL from an order made at a special term granting a peremptory writ of mandamus, commanding the common council of the city of New York to pass an ordinance, as required by the act of March 5, 1865, (Laws of 1865, p. 211,) creating a public fund or stock, to be denominated “ Market Stock,” for the amount of $75,000, for the erection of a public market, on certain property in the eigtheenth ward, purchased of J. C. Lowber.
1Opinion of the CourtClerke, J.
On the argument the only points taken by the counsel for the corporation were, first, that no action upon the part of the common council was necessary to the creation of the stock in question; and, second, that the common council owe no duty to the relators.
I. As to the first point: The act (Laws of New York for 1865, p. 211, § 5,) directs and authorizes the mayor, aldermen and commonalty of the city of New York to create a public fund or stock, to be denominated “Market Stock,” for the amount of $75,000. Section 6 directs the comptroller of the city to prepare and issue said stock within…
2Cases cited1 opinion
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
3Cited by5 opinions
- People ex rel. Wright v. Common Council of BuffaloNew York Supreme Court · 1884
- DeAngelis v. LainoNew York Supreme Court · 1931
- People ex rel. O'Loughlin v. Board of Estimate & ApportionmentNew York Supreme Court · 1914
- Badger v. City of New OrleansSupreme Court of Louisiana · 1897
- People ex rel. Wright v. Common CouncilNew York Supreme Court · 1885