People Ex Rel. Washington v. . Nichols
New York Court of Appeals
1Opinion of the Court
Several objections are presented by the respondent's counsel to the granting of the mandamus prayed for, which I will consider in their order.
He insists first that "the State does not owe the relator $20,000, and she had no right to demand a warrant for that sum until she had complied with a condition precedent, to wit, until she had procured the certificate of the three persons designated by the legislature," etc.
Procuring the certificate required by the statute is very clearly a condition precedent to any right to the money. If the relator has not obtained it she has no right, and of course…
2Cases cited2 opinions
- Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
- Ex parte RogersNew York Supreme Court · 1827
3Cited by24 opinions
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
- Matter of RichardsonNew York Court of Appeals · 1928
- People v. TremaineNew York Court of Appeals · 1929
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908
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