People Ex Rel. Argus Co. v. . Bresler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1902, which reversed ah order of Special Term denying a motion for a peremptory writ of mandamus directing the defendant Bresler to deliver to the relator all copy required by law to be published in the official papers of the city of Albany. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1902, which reversed ah order of Special Term denying a motion for a peremptory writ of mandamus directing the defendant Bresler to deliver to the relator all copy required by law to be published in the official papers of the city of Albany. The facts, so far as material, are stated in the opinion. The president of the common council is a member of the common council within the meaning of that term as used in the provision of the charter for the designation of official…
1Opinion of the CourtGray, J.
This proceeding was instituted on the relation of the Argus Company to obtain a peremptory writ of mandamus, directing the clerk of the common council of the city of Albany to furnish to the relator all the printed matter and “ copy ” required by law to be published in the official newspapers of said city.
The city of Albany is one of the cities of the second class and, as such, is governed by the provisions of chapter 182 of the Laws of 1898. Section 29 of its statutory. charter provides as follows : “ At the first meeting of the common council after the election of its members, it shall, by…
2Cases cited2 opinions
- People ex rel. Gaskill v. RansomNew York Supreme Court · 1869
- In re Application of DudleyAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by11 opinions
- Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
- In re HeafyAppellate Division of the Supreme Court of the State of New York · 1936
- Cromarty v. LeonardNew York Supreme Court · 1961
- McClain v. Church, MayorUtah Supreme Court · 1930
- People ex rel. Walsh v. TellerNew York Supreme Court · 1938
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