Muller v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order denying a motion for a new trial and directing a judgment upon order dismissing the complaint upon trial. (Reported below, 5 Hun, 282.) This action was brought to recover compensation for services alleged to have been performed by plaintiff, as appraiser, in appraising the real estate belonging to the city and county of Hew York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of defendants, entered upon an order denying a motion for a new trial and directing a judgment upon order dismissing the complaint upon trial. (Reported below, 5 Hun, 282.) This action was brought to recover compensation for services alleged to have been performed by plaintiff, as appraiser, in appraising the real estate belonging to the city and county of Hew York. At a meeting of the commissioners of the sinking fund, held May 1st, 1871, the following resolution was adopted, viz.: “…
1Opinion of the CourtAllen, J.
The amended charter of the city of Hew York, enacted in 1870 and amended in 1871, was paramount to and superseded the revised ordinances of 1844 and 1859, and all other ordinances before then enacted by the common council, so far as the provisions of the charter were inconsistent or in conflict with the ordinances. By the charter (Laws of 1870, chap. 137, § 115, vol. 1, p. 395; Laws of 1871, chap. 574, § 9, vol. 2, p. 1247), the commissioners of the sinking fund have power to sell or lease any city property, after public advertisement and appraisal, under the direction of said hoard. By clear…
2Cases cited5 opinions
- Etting v. Bank of United StatesSupreme Court of the United States · 1826
- Justice v. . LangNew York Court of Appeals · 1873
- Duffee v. MasonCourt for the Trial of Impeachments and Correction of Errors · 1827
- Gardner v. ClarkNew York Supreme Court · 1854
- Darnall v. . MorehouseNew York Court of Appeals · 1871
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