People ex rel. Bevins v. Board of Sup'rs
New York Supreme Court
Appeal from special term, Warren county. Application by Stanley H. Bevins against the board of supervisors of the. county of Warren, N. Y., for mandamus to compel defendant to audit relator’s bill against the county. The application was granted, and defendant appeals.
1Opinion of the CourtPutnam, J.
We are unable to find any statutory provision which conferred upon the highway commissioner of the town of Chester power to employ an attorney and counsel on its credit in a proceeding to lay out a road under the provisions of article 4, c. 568, Laws 1890. Certainly no such power is expressly given, and we think none can be implied. A highway commissioner cannot bind the town except under a power expressly conferred by statute. In People v. Supervisors of Ulster Co., 93 N. Y. 397-401, the court says:
“The relations existing between a town and its commissioners of highways were quite fully and…
2Cases cited8 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Howland v. . EldredgeNew York Court of Appeals · 1871
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- People Ex Rel. Lawrence v. Board of Supervisors of the County of WestchesterNew York Court of Appeals · 1878
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3Cited by10 opinions
- People ex rel. McMillen v. VanderpoelAppellate Division of the Supreme Court of the State of New York · 1898
- John Lyth & Sons v. Town of Evans, New York County Courts1900
- People ex rel. Peterson v. ClarkAppellate Division of the Supreme Court of the State of New York · 1899
- In re David, New York County Courts1904
- In re PetersonAppellate Division of the Supreme Court of the State of New York · 1904
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