People ex rel. Board of Health v. Board of Supervisors
New York Supreme Court
This was a motion for a mandamus to compel the board of supervisors of the county of Monroe to audit and allow the expenses incurred by the relators, in the year 1853. The motion was ordered to be heard, and was heard, at the general term in June, 1854, upon the affidavits on which the application was made, the return of the respondents and the answers thereto. The claim presented for allowance amounted to between four and five thousand dollars.
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This was a motion for a mandamus to compel the board of supervisors of the county of Monroe to audit and allow the expenses incurred by the relators, in the year 1853. The motion was ordered to be heard, and was heard, at the general term in June, 1854, upon the affidavits on which the application was made, the return of the respondents and the answers thereto. The claim presented for allowance amounted to between four and five thousand dollars. On the part of the relators it was shown that the claim for the expenses was presented to the board of supervisors, at their annual meeting next…
1Opinion of the Court
By the Court, Johnson, P. J.. Whatever may have been the duty of the board of supervisors, in regard to allowing the accounts as presented, as a charge against the county of Monroe, it is quite clear, I think, that this proceeding cannot be maintained by the relators. They have no title to the relief demanded, and no interest whatever in the allowance of the accounts, or any of them, as a charge upon the county. Their compensation is chargeable upon the city, and they have no interest in the allowance or the payment of the claims of others. They are not responsible for those claims, whether…
2Cited by5 opinions
- Gould v. . City of RochesterNew York Court of Appeals · 1887
- Board of Health v. MagillAppellate Division of the Supreme Court of the State of New York · 1897
- Molloy v. Board of HealthNew York Supreme Court · 1891
- Roosevelt v. DraperNew York Supreme Court · 1858
- Malloy v. Board of HealthNew York Supreme Court · 1891