 | William Paley - Agency (Law) - 1847 - 732 pages
...cited. 7 Cowen, 530, n. (a) and cases there cited. So, in Downing v. Rugar, 21 Wend. 278, it was held, that in the exercise of a public as well as private...a less number may proceed. Where the authority is publie, and the number be such as to admit of a majority, such majority will bind the minority after... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Hiram Edward Sickels, Edward Jordan Dimock, Edmund Hamilton Smith, Edwin Augustus Bedell, Louis J. Rezzemini, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1850 - 614 pages
...Sharp v. Spier, 4 Hill, 76 ; Downing v. Ruger, 21 Wend. 178.) In the latter case, Cowen J. says, " The rule seems to be well established, that in the...there be a provision that a less number may 'proceed." If it were important to vindicate the wisdom of the legislature in omitting to authorize the commissioners... | |
 | Asa Kinne - Courts - 1852 - 736 pages
...exercise of public as well as private authority whether it he ministerial or judicial, all the persons by whom it is committed must confer and act together,...proceed. Where the authority is public, and the number be such as to admit of a majority, such majority will bind the minority after all have duly met and... | |
 | New York (State). Supreme Court, Oliver Lorenzo Barbour - Law reports, digests, etc - 1863 - 720 pages
...guards provided by law were strictly supported." (Denning v. Smith, 3 John. Ch. R. 344.) And also, " The rule seems to be well established that in the...there be a provision that a less number may proceed." (Downing v. Rugar, 21 Wend. 178.) I cannot regard the duties to be performed under this act as unimportant,... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1867 - 782 pages
...provided for in the first section what time should be fixed within which the removal should be made. It is well established that in the exercise of a public...there be a provision that a less number may proceed. (Powell v. Tuttle, 3 Comet. 401. App. 1 Seld. 144.) The plaintiffs were called upon formally and deliberately... | |
 | Nathan Howard (Jr.) - Civil procedure - 1870 - 680 pages
...appear there were two overseers, although the statute required two tD be elected. COWEN, J., says : " The rule seems to be well established that in the...there be a provision that a less number may proceed. In Crooker agt. Williams, (21 Wend., 211,) four out of fifteen commissioners to receive subscriptions... | |
 | Civil procedure - 1870 - 590 pages
...appear there were two overseers, although the statute required two to be elected. COWEN, J., says: "The rule seems to be well established that in the...there be a provision that a less number may proceed." In Crooker v. Williams (21 Wend., 211) four out of fifteen commissioners to receive subscriptions to,... | |
 | Law - 1870 - 546 pages
...178), where one of two overseers applied for a warrant, COWEN, J., used the following language : " The rule seems to be well established, that in the exercise of a public as well as a private authority, whether it be ministerial or judicial, the persons to whom it is committed must... | |
 | Law - 1870 - 546 pages
...Wend. 178), where one of two overseers applied for a warrant, COWEN, J., nsed tho following language: " k^ t s L { { ul 8 t_ ? ? I r k /# ` / a private authority, whether it be ministerial or judicial, tho persons to whom it is committed must... | |
 | New York (State). Superior Court (New York), James M. Sweeny - 1871 - 724 pages
...appear there were two overseers, although the statute required two to be elected. Cowen, J., says : " The rule seems to be well established that in the...there be a provision that a less number may proceed." In Crooker v. Williams (id., 211) four out of fifteen commissioners to receive subscriptions to and... | |
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The rule seems to be well established that in the exercise of a public as well as private authority, whether it be ministerial or judicial, all the persons to whom it is committed must confer and act together, unless there be a provision that a less number... 
