People ex. rel. Baldwin v. Board of Supervisors
New York Supreme Court
DEMURRER to the return to an alternative mandamus. The alternative mandamus recited that the relator was appointed by the secretary of state to take the census for the town of Lima, in the county of Livingston, pursuant to the provisions of the act entitled “An act in relation to the census or enumeration of the inhabitants of this state,” passed March 12, 1855. ' That the relator thereupon entered upon and discharged the duties of such office until the same was completed,…
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DEMURRER to the return to an alternative mandamus. The alternative mandamus recited that the relator was appointed by the secretary of state to take the census for the town of Lima, in the county of Livingston, pursuant to the provisions of the act entitled “An act in relation to the census or enumeration of the inhabitants of this state,” passed March 12, 1855. ' That the relator thereupon entered upon and discharged the duties of such office until the same was completed, as required by the act. . That “the saidMicah Baldwin was actually and necessarily employed in the discharge of the…
1Opinion of the Court
By the Court, Welles, J.
The 13th section of the act of March 12th, 1855, in relation to the state census, (ch. 64, p. 90, of Sess. Laws of 1855,) provides that “the accounts for the services of the marshals and county clerks, done under this act, shall be audited by the supervisors of the county where the services are performed, except in the city and county of Hew York, where it shall be done by the common council; and shall be assessed, collected and paid as part of the contingent expenses of such city or county;” and by the 3d section pf the act of the same session, passed April 7th, (ch.…
2Cited by16 opinions
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
- People v. StockingNew York Supreme Court · 1866
- Wallace v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Curtis v. Common CouncilNew York Supreme Court · 1873
- Croasman v. KincaidOregon Supreme Court · 1897
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