People Ex Rel. Hotchkiss v. Board of Supervisors
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, denying a motion for a new trial and directing judgment upon a verdict. This was a proceeding by mandamus to compel defendant to reassemble, audit, allow and pay to relator the sum of $6,300, with interest, in payment for volunteers alleged to have been procured by the relator under contract with defendant and credited to the county of Broome.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendant, denying a motion for a new trial and directing judgment upon a verdict. This was a proceeding by mandamus to compel defendant to reassemble, audit, allow and pay to relator the sum of $6,300, with interest, in payment for volunteers alleged to have been procured by the relator under contract with defendant and credited to the county of Broome. The facts appear sufficiently in the opinion. The board of supervisors was bound by its audit. (People v. Suprs. Schenectady Co., 35…
1Opinion of the Court
Reynolds, C.
The question in this case was mainly one of fact, and has been disposed of by the jury in favor of the defendant. The proceeding was by mandamus, to compel the defendant to audit and allow a claim of the relator alleged to exist against the county of Broome for $6,300. It is averred in the writ that in the month of January, 1865, the relator, in the defendant’s employment, mustered into the service of the United States, under the then existing laws, nine three-years’ men for the county of Broome, and which were credited to said county, for which the defendant agreed to pay the…
2Cases cited4 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- People ex rel. Thomson v. Board of SupervisorsNew York Supreme Court · 1861
3Cited by28 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
- McCabe v. . City of New YorkNew York Court of Appeals · 1915
- Matter of Equitable Trust Co. v. . HamiltonNew York Court of Appeals · 1919
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