People Ex Rel. Rodgers v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 14, 1900, reversing an order of Special Term denying the relator’s motion for a peremptoi'y .writ of mandamus commanding the comptroller to deliver to him a warrant on the chamberlain of the city of New York for the payment of $2,863, the amount earned by the relator under a contract with the city for regulating and grading One Hundred and Thirty-fifth street…
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made December 14, 1900, reversing an order of Special Term denying the relator’s motion for a peremptoi'y .writ of mandamus commanding the comptroller to deliver to him a warrant on the chamberlain of the city of New York for the payment of $2,863, the amount earned by the relator under a contract with the city for regulating and grading One Hundred and Thirty-fifth street from Amsterdam avenue to the Boulevard, and granting relator’s motion for the writ. The papers upon which the relator…
1Dissent
The reasoning by which the decision about to be made is sought to be supported fails to persuade me that it is other than a judicial encroachment upon legislative prerogative; for it is that and nothing less if the statute does not offend against either the Federal or the State Constitution. If the statute, which seems to be regarded by some as vicious in its tendency, attempted to regulate the question of wages as between citizens of the state so as to affect even in the slightest degree the basis on which one citizen should contract with another, then not only would much of the discussion…
2Cases cited13 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Williams v. EgglestonSupreme Court of the United States · 1898
- Clark v. . StateNew York Court of Appeals · 1894
- Mayor of New York v. Tenth National BankNew York Court of Appeals · 1888
- In re DaltonSupreme Court of Kansas · 1899
8 more not listed; retrieve them via the Exa API.