People Ex Rel. McGrath v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made June 28, 1889, which reversed an order of Special Term, granting a peremptory writ- of memdamus, the substance of which and the material facts are set forth in the opinion. Charges for services and expenses in conveying criminals to jail are county charges.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made June 28, 1889, which reversed an order of Special Term, granting a peremptory writ- of memdamus, the substance of which and the material facts are set forth in the opinion. Charges for services and expenses in conveying criminals to jail are county charges. (People ex rel. v. Super., 18 Hun, 19; R. S., chap. 12, p. 978, § 3.) The provision of the Revised Statutes cited has not been repealed either expressly or by implication. (2 R. S. 1078; Laws of 1847, chap. 455, § 25; People ex rel. v.…
1Opinion of the CourtFinch, J.
The relator presented a claim to the board of supervisors of Westchester county for fees and expenses which accrued to him as a constable for the conveyance of prisoners to the Albany penitentiary who had been convicted and sentenced in the Court of Special Sessions in the city and town of Yonkers. The claim was disallowed and its audit refused upon the ground that it was a town and not a county charge. The relator thereupon applied for a peremptory mandamus requiring the audit of his claim by the county board, which was awarded; but on appeal to the General Term the' action of the…
2Cases cited2 opinions
- People Ex Rel. Van Tassel v. Board of SupervisorsNew York Court of Appeals · 1876
- People ex rel. Post v. Board of Supervisors of the County of OntarioNew York Supreme Court · 1847
3Cited by3 opinions
- Matter of Hogan v. N.Y. Supreme CourtNew York Court of Appeals · 1946
- People ex rel. Coon v. WoodNew York Supreme Court · 1891
- Opn. No., New York Attorney General Reports1977