Western v. Mayor of Brooklyn

New York Supreme Court

Western v. Mayor of Brooklyn

23 Wend. 334

DecidedMay 15, 1840

StatusPublished

This text of 23 Wend. 334 (Western v. Mayor of Brooklyn) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Western v. Mayor of Brooklyn, 23 Wend. 334 (N.Y. Super. Ct. 1840).

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Opinion

Bronson, J.

By the Court, In making the sale and giving the certifi[335]*335cate to the purchaser, the defendants were discharging a public duty enjoined upon them by law. Statutes of 1834 p. 106, § 42, 45. The certificate contains no words of covenant, and if the defendants have improperly refused to execute a conveyance, the remedy is either by an action on the case, or by mandamus. The People v. The Mayor, &c. of N. Y., 10 Wendell, 393. There are other objections to the declaration, but this is enough.

Judgment for defendants.

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Bronson, J.

By the Court, In making the sale and giving the certifi[335]*335cate to the purchaser, the defendants were discharging a public duty enjoined upon them by law. Statutes of 1834 p. 106, § 42, 45. The certificate contains no words of covenant, and if the defendants have improperly refused to execute a conveyance, the remedy is either by an action on the case, or by mandamus. The People v. The Mayor, &c. of N. Y., 10 Wendell, 393. There are other objections to the declaration, but this is enough.

Judgment for defendants.

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Bluebook (online)

23 Wend. 334, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-v-mayor-of-brooklyn-nysupct-1840.

Opinion

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