Legal Opinion

People Ex Rel. Washington v. . Nichols

New York Court of Appeals

Decided April 8, 1873PublishedCited by 24 opinions

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

  1. Sheboygan Co. v. ParkerSupreme Court of the United States · 1866
  2. Ex parte RogersNew York Supreme Court · 1827

3Cited by24 opinions

  1. City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
  2. Matter of RichardsonNew York Court of Appeals · 1928
  3. People v. TremaineNew York Court of Appeals · 1929
  4. In re State Treasurer's SettlementNebraska Supreme Court · 1897
  5. Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908

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