People ex rel. Baker v. Haws
New York Supreme Court
APPEAL from an order made at a special term, denying a motion for a mandamus. The application was for a mandamus, to be directed to the defendant, comptroller of the city of Hew York/ commanding him to draw his warrant upon the chamberlain of the city, in favor of the plaintiff, for §4260, to pay his claim against the city, for certain printing and binding4lone by him.
1Opinion of the CourtBarnard, J.
The appeal papers show that the work in question was done under a resolution passed by the common council and the rate of charge fixed, and the comptroller directed by resolution of the common council to pay the bill.
It seems clear that unless there is some legislative prohibition, or some legislative requirement as to a particular mode in which work should be ordered, the relator is entitled to recover.
*60The superior court held that there was such legislative requirement, and therefore dismissed the complaint of relator.
Since thqt decision, however, the legislature authorized the supervisors…
2Cases cited3 opinions
- People ex rel. Reynolds v. FlaggNew York Supreme Court · 1853
- People ex rel. McSpedon v. HawsNew York Supreme Court · 1861
- People ex rel. Green v. WoodNew York Supreme Court · 1861
3Cited by1 opinion
- Ray v. WilsonSupreme Court of Florida · 1892