New York Court of Appeals
The People Ex Rel. John M. Francis, Respondents v. the Common Council of the City of Troy, Appellant
September 16, 187978 N.Y. 33
Summary
The Court reversed the lower courts and denied the peremptory writ of mandamus, holding that the municipal charter's duty to designate up to four newspapers with the largest circulation is a discretionary, fact‑finding function that cannot be compelled by mandamus to select particular papers, and that the time for the required designation had already passed.