People Ex Rel. Burnet v. Jackson
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the first judicial department, made January 28,1881, which reversed an order of Special Term, denying an application for a mandmius, and ordered the issuing of a writ directed to defendant Jackson, as auditor of accounts of the city of New York, requiring him to audit and allow a voucher sent to the finance department of the city hy the clerk of the hoard of education, in favor of the widow or legal…
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Appeal from order of the G-eneral Term of the Supreme Court, in the first judicial department, made January 28,1881, which reversed an order of Special Term, denying an application for a mandmius, and ordered the issuing of a writ directed to defendant Jackson, as auditor of accounts of the city of New York, requiring him to audit and allow a voucher sent to the finance department of the city hy the clerk of the hoard of education, in favor of the widow or legal representatives of Edward E. Burnet. (Reported helow, 23 Hun, 568.) The material facts are set forth in the opinion. No valid claim…
1Opinion of the CourtMiller, J.
Edward E. Burnet, a teacher in the College of " the City of ¡New York, died in the month of April, 1879, and the trustees of said college adopted a resolution directing that his salary be paid to the relator, his widow, or his legal representative, up to the 1st of September, 1879. An account or voucher for the payment of the same was made out in due form, in accordance with the resolution, and presented to the auditor of the finance department, to be audited by him, and for the issuing of a proper warrant by the comptroller, as provided by law. The auditor refused to allow the account or…
2Cases cited3 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- Haswell v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
3Cited by3 opinions
- O'Leary v. . Board of Education of City of N.Y.New York Court of Appeals · 1883
- Wittmer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Continental Guaranty Corp. v. CraigAppellate Division of the Supreme Court of the State of New York · 1923