People ex rel. Reynolds v. Flagg
New York Supreme Court
In each of these cases a motion was made for a mandamus againét A. C„ Elagg, comptroller of the city of New-York, commanding him to draw his warrant upon the chamberlain of the city, in the one case in favor of the relator Pueynolds, for $11,051,50; and in the other, in favor of the relators Russ &. Reid, for $5850, and that he should deliver such warrants to the respective parties for whom they were intended, to enable them to obtain the signatures of the mayor and clerk of…
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In each of these cases a motion was made for a mandamus againét A. C„ Elagg, comptroller of the city of New-York, commanding him to draw his warrant upon the chamberlain of the city, in the one case in favor of the relator Pueynolds, for $11,051,50; and in the other, in favor of the relators Russ &. Reid, for $5850, and that he should deliver such warrants to the respective parties for whom they were intended, to enable them to obtain the signatures of the mayor and clerk of the common council, to authorize the relators to receive their money from the chamberlain of the city.
1Opinion of the Court
By the Court, Morris, J.
No money can be drawn from the city treasury, except upon a warrant drawn and signed by the comptroller and countersigned by the mayor and clerk of the common council. Hence the necessity to obtain the warrant of the comptroller. In the case of Reynolds, the corporation made a contract with him on the 24th day of April, 1852, by which he agreed to remove from the city “ the blood, offal and other refuse from the butchers’ slaughter houses, dead horses, and other animals, and all bones and other nuisances of a similar kind,” for a sum stipulated in the contract.…
2Cited by8 opinions
- State ex rel. Minneapolis Tribune Co. v. AmesSupreme Court of Minnesota · 1884
- Sharp v. City of MaustonWisconsin Supreme Court · 1896
- Chalk v. WhiteWashington Supreme Court · 1892
- People ex rel. Green v. WoodNew York Supreme Court · 1861
- People ex rel. Baker v. HawsNew York Supreme Court · 1861
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