People Ex Rel. Perkins v. Hawkins
New York Court of Appeals
Appeal from order of the late General Term of the second district, reversing an order of Special Term, which directed the issue of a peremptory writ of mandamus to defendant.
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Appeal from order of the late General Term of the second district, reversing an order of Special Term, which directed the issue of a peremptory writ of mandamus to defendant. On the 23d August, 1864, at a special town meeting held in the town of Riverhead, the following resolution was adopted: “Resolved, That the supervisor and committee he empowered, to raise a sufficient number of substitutes or volunteers, to fill the quota of the town on the best terms they can, and each person wishing to procure a substitute for himself shall pay $125 for three, or sixty dollars for one year, and the…
1Opinion of the Court
Church, Ch. J.
To entitle a party to a mandamus, he must have a clear legal right to the relief demanded. (People v. Supervisors of Chenango, 11 N. Y., 563, and cases cited.) By the act of 1870, chapter 436, the towns of the county of Suffolk are made liable, to refund a portion of the moneys received from the State, for certain excess of years’ service for soldiers furnished during the late rebellion, to the principal who furnished jointly with the town, a substitute whose service constituted a portion of such excess. It is claimed by the relator, that he did furnish a substitute jointly with…
2Cases cited3 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- People Ex Rel. Fiedler v. MeadNew York Court of Appeals · 1861
3Cited by12 opinions
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- People Ex Rel. Lunney v. . CampbellNew York Court of Appeals · 1878
- George S. Chatfield Co. v. ReevesSupreme Court of Connecticut · 1913
- Board of Education v. State ex rel. ReedWisconsin Supreme Court · 1898
- Horn v. . Town of New LotsNew York Court of Appeals · 1880
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