People Ex Rel. Everett v. Board of Supervisors
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the third judicial department, made February 2, 1883, which reversed an order of Special Term directing the issuing of a writ of peremptory mandamus commanding defendant, the board of supervisors of Ulster county, to levy and assess a sum sufficient to pay a judgment against John Murray and others, as the commissioners of highways of the town of Kingston, upon the towns of Ulster and Kingston and part of the…
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Appeal from order of the G-eneral Term of the Supreme Court, in the third judicial department, made February 2, 1883, which reversed an order of Special Term directing the issuing of a writ of peremptory mandamus commanding defendant, the board of supervisors of Ulster county, to levy and assess a sum sufficient to pay a judgment against John Murray and others, as the commissioners of highways of the town of Kingston, upon the towns of Ulster and Kingston and part of the town of Woodstock in said county, which formerly were included in the town of Ulster, that town having been divided.…
1Opinion of the Court
Ruger, Ch. J.
Much of the argument in this case was taken up by the discussion of the question as to the method of procedure to be adopted in the collection of debts due from towns whose territory had been divided and town organization disbanded subsequent to the contraction of the debt. In the view we have taken, that question does not arise, and its examination is, therefore, unnecessary to the determination of the appeal.
To entitle the relators to maintain their proceedings at all, it is essential for them preliminarily to establish the existence of a valid judgment against the original…
2Cases cited3 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Duobond Corp. v. Congress Factors Corp.New York Court of Appeals · 1976
- Boots v. . WashburnNew York Court of Appeals · 1879
3Cited by32 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
- Flynn v. . HurdNew York Court of Appeals · 1889
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