People ex rel. Peck v. Town Board
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Louis K. Peck, from an' order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 23d day of July, 1897, denying the relator’s motion for a writ of mandamus directing the town board of the town of Salina, Onondaga county, 1ST. Y., to audit an account of the relator.
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Appeal by the relator, Louis K. Peck, from an' order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Onondaga on the 23d day of July, 1897, denying the relator’s motion for a writ of mandamus directing the town board of the town of Salina, Onondaga county, 1ST. Y., to audit an account of the relator. On the 15th of February, 1897, an order to show cause was granted “ why a peremptory writ of mandamus should not issue under the seal of this court, directed to said town board, and requiring said town board to audit relator’s…
1Opinion of the Court
Hardin, P. J.:
Appellant sought a peremptory mandamus directing the defend- ■ ant to audit his account.
In the answering affidavits it is stated that an account was presented to the town board in the fall of 1894, and was considered by the board and an allowance made for the relator’s services in attending the family of Mrs. Meyers, and- that that allowance was paid. It further appears by the. affidavits that an account for services, in fumigating the Van Antwerp house, twenty-five dollars, was presented to the board, and in that account were other items which the relator seeks to have allowed…
2Cases cited3 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- People ex rel. Kings County Gas & Illuminating Co. v. SchierenNew York Supreme Court · 1895
3Cited by1 opinion
- People Ex Rel. Erie Railroad v. Board of SupervisorsNew York Court of Appeals · 1908