People ex rel. Wetmore v. Supervisors of New York
New York Court of Appeals
The People, on the relation of William G. Wetmore and others, commissioners of records for the city and county of New York, obtained a mandamus against the board of supervisors of New York county, to compel them to raise by tax the sum of seventy-two thousand and thirty-four dollars and twenty-four cents, for which sum requisitions had been made, by the commissioners.
Read the full summary
The People, on the relation of William G. Wetmore and others, commissioners of records for the city and county of New York, obtained a mandamus against the board of supervisors of New York county, to compel them to raise by tax the sum of seventy-two thousand and thirty-four dollars and twenty-four cents, for which sum requisitions had been made, by the commissioners. By the act of April 13, 1855, the relators were appointed commissioners to perform certain acts in regard to the records in the offices of the clerk, register, and surrogate of the city and county of New York. Section 2 of the…
1Opinion of the Court
By the Court.
Porter, J.
It is quite evident from the inaction and delay of the board of supervisors, as well as from the grounds on which the application for a mandamus Avas resisted, that the board did not recognize its obligation to raise the moneys in question under the act of 1860. There was, it is true, no formal refusal; but we think the court below Avas right in holding that, under the circumstances disclosed in the affidavits, the neglect of the board was equivalent to a refusal to comply with the requisition. Reg. v. St. Margaret, 8 Ad. & E. 889, 904; People v. Supervisors of…
2Cases cited4 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Frees v. . FordNew York Court of Appeals · 1852
- Thomas v. LelandNew York Supreme Court · 1840
- People Ex Rel. Aspinwall v. Supervisors of Richmond CountyNew York Court of Appeals · 1859
3Cited by4 opinions
- People ex rel. Rayland Realty Co. v. FaganAppellate Division of the Supreme Court of the State of New York · 1920
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
- Property Owners' League v. City of San JuanSupreme Court of Puerto Rico · 1908
- Williams v. Beemiller, Inc.Court for the Trial of Impeachments and Correction of Errors · 2019