In re Mefford
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles Mefford, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Livingston on the 12th day of April, 1906, denying the relator’s motion for a peremptory writ of mandamus directed to Charles H. Swarts.
1Opinion of the Court
Spring, J.:
The relator, pursuant to a contract with the defendant as supervisor of the town of Sparta in the county of Livingston, made in September, 1904, performed services in excavating earth in constructing a subway railroad crossing in one of the highways of said town. The contract price for the excavating was twenty-six cents per cubic *530yard,, and the relatpr- ceased work in August, 190.5. He; and the defendant, as supervisor,-thereafter agreed'to submit the question of tlie quautity of earth removed to one Morris,.a surveyor. Morris’ computation showed the removal of 2,416 cubic yards…
2Cases cited9 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Bank of Staten Island v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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