Legal Opinion

People ex rel. Farley v. Winkler

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

Decided July 27, 1911Published

Appeal by the defendants, Max Winkler and others, constituting the board of water commissioners, etc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 24th'day of January, 1911, directing the issuance of a peremptory writ of mandamus.

1Opinion of the Court

Carr, J.:

This is an appeal from an order of the Special Term in Westchester county, directing the issuance of a peremptory writ of mandamus requiring the defendants, as water commissioners óf district No. 1 in the town of Harrison, to act upon .a certain claim for services as an engineer, presented by the relator to the board of water commissioners, either by auditing or rejecting the same. The appellants answered that the relator’s claim was disputed and that he has an adequate remedy at law by action against them as water commissioners, and, therefore, opposed the issuance of a writ of…

2Cases cited6 opinions

  1. Holroyd v. . Town of Indian LakeNew York Court of Appeals · 1905
  2. Rouse v. MooreNew York Supreme Court · 1820
  3. People Ex Rel. Huntington v. . CrennanNew York Court of Appeals · 1894
  4. Todd v. BirdsallNew York Supreme Court · 1823
  5. Grant v. FancherNew York Supreme Court · 1826

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