The People, on the Relation of the Albany and Susquehanna Railroad Company, Respondent v. Peter H. Mitchell and…

Summary

The New York Court of Appeals affirmed the lower courts' order granting a peremptory mandamus compelling the town of Summit to subscribe $25,000 of stock in the Albany and Susquehanna Railroad and to issue bonds. The court held that municipalities have no inherent power to subscribe to public‑improvement stock without legislative authorization, that retrospective legislation may cure prior defects, and that affidavits of taxpayer consent constitute conclusive proof authorizing the subscription and bond issuance. Justice Smith dissented, arguing that the affidavits were not conclusive because a condition precedent had not been satisfied and that the mandamus should be set aside.