People ex rel. Lawrence v. Board of Supervisors of Delaware County
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Board of Supervisors of Delaware County, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the cleric of the county of Delaware on the 20th day of December. 1899, granting a peremptory writ of mandamus requiring the board of supervisors of Delaware county and the chairman and cleric thereof to forthwith deliver to the relator the certificate warrant or warrants. for and upon certain bills audited by…
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Appeal by the defendant, The Board of Supervisors of Delaware County, from an order of the Supreme Court, made at the Chemung Special Term and entered in the office of the cleric of the county of Delaware on the 20th day of December. 1899, granting a peremptory writ of mandamus requiring the board of supervisors of Delaware county and the chairman and cleric thereof to forthwith deliver to the relator the certificate warrant or warrants. for and upon certain bills audited by said board of supervisors on November 22, 1899, amounting in the aggregate to the sum of $5,130.35, and granting a stay…
1Opinion of the Court
Merwin, J. :
The order granting the writ seems to have been made upon the theory that no motion to reconsider the action of the board on the 22d of November, 1899, was made within three days after that time, and that, therefore, the board, under its rules, lost jurisdiction of the matter and had no power to review their action in auditing the accounts.
It will be observed that under the rule adopted by the board as to reconsideration of votes the motion for that purpose must be made within three days upon which sessions of the board shall be held subsequent to such vote having been taken. The…
2Cases cited2 opinions
- People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875
- People ex rel. Caldwell v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Matter of Equitable Trust Co. v. . HamiltonNew York Court of Appeals · 1919
- Plantz v. Board of SupervisorsNew York Supreme Court · 1924
- People ex rel. Finnegan v. McBrideAppellate Division of the Supreme Court of the State of New York · 1918