People ex rel. McMillen v. Vanderpoel
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 11th day of December, 1897, directed to Albert Vanderpoel and others, as the town board of the town of New Scotland, commanding them to certify and return to the office of the clerk of the county of Albany all and singular their proceedings in auditing a claim presented by the relators, who were, during the year 1893, the assessors of the town of New Scotland.
1Opinion of the Court
Putnam, J.:
Under well-settled principles, we are compelled to regard the return made by the defendants, the town board of the town of Hew Scotland, as a true statement of the facts relating to their procedure on the audit in 1897 of the claim of the relators. (People ex rel. Press Pub. Co. v. Martin, 142 N. Y. 228; People ex rel. Miller v. Wurster, 149 id. 549.)
The provisions of section 2139 of the Code of Civil Procedure, allowing affidavits to be read on the hearing of a certiorari, where the party whose duty it is to make a return dies, absconds or removes from the State, or on matters…
2Cases cited8 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- People Ex Rel. Press Publishing Co. v. MartinNew York Court of Appeals · 1894
- People Ex Rel. Thurston v. Board of Town Auditors of ElmiraNew York Court of Appeals · 1880
- People ex rel. Donlon v. Board of Town AuditorsNew York Supreme Court · 1893
- People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cahn v. Town of HuntingtonNew York Court of Appeals · 1972
- Jones v. YoungAppellate Division of the Supreme Court of the State of New York · 1939
- Rockefeller v. TaylorAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Caldwell v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1899
- Barber v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1901
4 more not listed; retrieve them via the Exa API.