People ex rel. Ayres v. Board of Supervisors
New York Supreme Court
This was a demurrer to a return, made to an alternative writ of mandamus. The writ bore date the 2d of June, 1851, and was directed to the board of supervisors of Fulton county, naming each one individually.
Read the full summary
This was a demurrer to a return, made to an alternative writ of mandamus. The writ bore date the 2d of June, 1851, and was directed to the board of supervisors of Fulton county, naming each one individually. It stated, among other things, that the relator, as acting district attorney for the county of Fulton, in the year 1849, presented and exhibited to the board, and to their committee, appointed to examine and report upon the district attorney’s accounts, when duly organized for such business, at their annual meeting in November, 1850, his bill of charges for services rendered in the year…
1Opinion of the Court
By the Court, C. L. Allen, J.
Where the facts on which the claim of the relator depends are in dispute, or the parties wish to bring the case before the court of dernier resort, an alternative mandamus is usually awarded. In such writ the relator is required to set forth his title, or the facts on which he claims a right to the relief sought by his application; and the defendant is required to do the particular act, or show why he has not done it. The writ performs the office of a declaration or complaint in other suits. In like manner, if the writ is not quashed, which it may be if defective…
2Cases cited3 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- People ex rel. Lynch v. Mayor of New-YorkNew York Supreme Court · 1841
- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
3Cited by13 opinions
- Poteet v. County CommissionersWest Virginia Supreme Court · 1887
- Chase v. County of SaratogaNew York Supreme Court · 1861
- People on rel. Adams v. BakerNew York Supreme Court · 1861
- People ex rel. Hadley v. Supervisors of Albany CountyNew York Supreme Court · 1864
- Boyce v. Board of SupervisorsNew York Supreme Court · 1855
8 more not listed; retrieve them via the Exa API.