The People Ex Rel. v. . Nostrand
New York Court of Appeals
Appeal from the order of the General Term of the second judicial department, affirming an order directing a mandamus to issue requiring the defendant “ to pay over to the relators, as commissioners, to lay out and construct a public road or highway in the towns of Jamaica and Newtown, the moneys raised by tax in the town of Jamaica, under chapter 750, Laws of 1870 of the State of New York, for the construction of said road, and which have been paid over to him, said…
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Appeal from the order of the General Term of the second judicial department, affirming an order directing a mandamus to issue requiring the defendant “ to pay over to the relators, as commissioners, to lay out and construct a public road or highway in the towns of Jamaica and Newtown, the moneys raised by tax in the town of Jamaica, under chapter 750, Laws of 1870 of the State of New York, for the construction of said road, and which have been paid over to him, said supervisor.” The relators, at the time of making the demand, required the supervisor to pay to them the sum of $30,000,…
1Opinion of the Court
Ohüroh, Oh. J.
It is objected that the order granting a peremptory mandamus should be reversed, because the mandatory part of the order varies from that of the order to show cause. The latter was an order to show cause, why a peremptory mandamus should not issue to compel the appellant to pay over $30,000 to the relators; the whole amount of the tax assessed upon the town of Jamaica, which it was alleged had been collected and paid over to the appellant, while the former required the payment of what actually had been collected and paid to him.
This court held in The People v. The Supervisors of…
2Cases cited4 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Crocker v. CraneNew York Supreme Court · 1839
- Ex parte RogersNew York Supreme Court · 1827
- Keeler v. Frost & WordenNew York Supreme Court · 1856
3Cited by74 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Clement v. GrahamSupreme Court of Vermont · 1906
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