Ex parte Bennett
New York Supreme Court
Motion for a mandamus. H. Bennett, on behalf of himself and others, as relators, moved for a mandamus against the judges of the court of common pleas of Chenango county, to compel them, among other things, to restore the judgment for costs which was inserted in the judgment record in a cause in that court between the relators as plaintiffs, and R. B. Burch, defendant, which had been stricken out on motion.
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Motion for a mandamus. H. Bennett, on behalf of himself and others, as relators, moved for a mandamus against the judges of the court of common pleas of Chenango county, to compel them, among other things, to restore the judgment for costs which was inserted in the judgment record in a cause in that court between the relators as plaintiffs, and R. B. Burch, defendant, which had been stricken out on motion. That action was commenced by the plaintiffs, as trustees of a school district in New Berlin, against Burch, who was one of the commissioners of common schools of that town, before a justice…
1Opinion of the Court
By the Court, Jewett, J.
By the revised statutes, (1 R. S. 484, § 90,) it is provided that “ If the moneys apportioned to a district, by the commissioners of common schools, shall not have been paid, it shall be the duty of the trustees thereof, to bring a suit for the' recovery of the same, with interest, against the commissioner in whose hands the same shall be, or to pursue such other remedy for the recovery thereof, as is or shall be given by law.” Section 124 of the school act, (1 R. S. 2d ed. p. 481,) as that section stands amended by the act of 1830, enacts that “Any person conceiving…
2Cited by5 opinions
- Clarke v. . TunnicliffNew York Court of Appeals · 1868
- Community School Board District No. 3 v. Board of EducationNew York Supreme Court · 1972
- In re the Estate of CunninghamNew York Surrogate's Court · 1914
- Willey v. ShaverNew York Supreme Court · 1873
- People ex rel. Yale v. EcklerNew York Supreme Court · 1880