Legal Opinion

People ex rel. Rohr v. Owens

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 1905PublishedCited by 6 opinions

Appeal by the defendant, James Owens,' as treasurer of the . village of Ossining, from a final Order of the Supreme Court, made at the Westchester Trial Term and entered in the office of the clerk of the county of 'Westchester on the 14th day of February, 1905,,. directing the issuance of a. peremptory writ of mandamus, .'

1Opinion of the Court

Jenks, J.:

The relator holds a- draft, which reads:

*31“ No. M. 998. Ossining, N. Y., Oet. 1, 1903.
“ TREASURER OF THE VILLAGE OF OSSINING,
“ Pay to the order of Andrew Rohr One Thousand Dollars, with legal interest on account of litigation.
“ $1,000.
“ J. M. Teewilliger, " ‘ ABRAM HYATT,
“ Cleric. President.”

After delivery of the draft the village of Ossining in its tax levy for the year 1903 included an amount necessary to pay it, and the money was raised and came into the hands of the then village treasurer, whose term expired in March, 1904. On October 7,1904, payment was demanded of his successor,…

2Cases cited2 opinions

  1. The People Ex Rel. Dannat v. . ComptrollerNew York Court of Appeals · 1879
  2. People ex rel. Pennell v. TreanorAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by6 opinions

  1. State ex rel. City of Cut Bank v. McNamerMontana Supreme Court · 1922
  2. People ex rel. Osborn v. Board of TrusteesNew York Supreme Court · 1922
  3. Calhoun v. Maricopa County Municipal Water ConservaTion District No. 1Arizona Supreme Court · 1931
  4. People ex rel. City of Tonawanda v. FitzhenryAppellate Division of the Supreme Court of the State of New York · 1915
  5. American Metal Ceiling Co. v. New Hyde Park Fire District, New York County Courts1915

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