People ex rel. McMillen v. Vanderpool
Appellate Division of the Supreme Court of the State of New York
Certiorari by the people, on the relation of Jacob S. McMillen, and others against Albert Vanderpool and others, composing the town board of the town of New Scotland, to review their disallowance of a claim.
1Opinion of the CourtPutnam, J.
Under well-settled principles, we are compelled to regard the return made by the defendants, the town board of the town of New Scotland, as a true statement of the facts relating to their procedure on the audit, in 1897, of the claim of the relators. People v. Martin, 142 N. Y. 228, 36 N. E. 885; People v. Wurster, 149 N. Y. 549, 44 N. E. 298. The provisions of section 2139 of the Code of Civil Procedure, allowing affidavits to be read on the hearing of a certiorari, where the party whose duty it is to make a return dies, absconds, or removes from the state, or on matters relating to the…
2Cases cited10 opinions
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
- People Ex Rel. Press Publishing Co. v. MartinNew York Court of Appeals · 1894
- People Ex Rel. Thurston v. Board of Town Auditors of ElmiraNew York Court of Appeals · 1880
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