People ex rel. Morrison v. Board of Supervisors
New York Supreme Court
Appeal from special term, Fulton county. Application by Joel B. Morrison for a peremptory writ of mandamus requiring the board of supervisors of Hamilton county to audit and pay a balance of relator’s bill for printing. The application was denied, and relator appeals.
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Appeal from special term, Fulton county. Application by Joel B. Morrison for a peremptory writ of mandamus requiring the board of supervisors of Hamilton county to audit and pay a balance of relator’s bill for printing. The application was denied, and relator appeals. Laws H. Y. 1886, c. 515, amending Laws 1845, C. 280, § 3, is as follows: “Sec. 3. It shall be the duty of each board of supervisors in the several counties of this state, at their annual meeting, or at any special meeting called for the purpose, to appoint the printers for publishing the laws in their respective counties. The…
1Opinion of the CourtLearned, P. J.
A board of supervisors has a twofold position. It is a tribunal for passing upon claims against the county, and it is also the representative of the county against which the claims are presented; and because it is such representative the court may properly compel the board to pay claims, when there is no question of fact to be decided, and where such payment is a plain matter of duty, and not of discretion. There is no dispute about the facts in this case. The board designated two papers, one of which is the relator’s, to do the public printing, and established the price to be paid. The…
2Cases cited5 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- People Ex Rel. Thurston v. Board of Town Auditors of ElmiraNew York Court of Appeals · 1880
- People ex rel. Kinney v. Board of SupervisorsNew York Supreme Court · 1870
- People Ex Rel. Thompson v. Board of Supervisors of Hamilton CountyNew York Court of Appeals · 1878
3Cited by6 opinions
- People ex rel. Jonas v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1900
- Paulson v. CountyNorth Dakota Supreme Court · 1912
- People ex rel. Smart v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Long v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1907
- Steuben Advocate, Inc. v. Board of SupervisorsNew York Supreme Court · 1957
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