People ex rel. Dillon v. Moir

As this is an application for a peremptory-writ of mandamus requiring the defendant, as president of the village of Marcellus, to sign certain bonds, all relevant statements in the answering affidavits must be accepted asi true. Further, if the bonds, when signed, would be void because of defects in the proceedings authorizing their issuance, the writ should not be granted. People ex rel. Sherwood v. State Canvassers, 129 N. Y. 360.

The bonds in this case are to pay for a public water works system for the village. Money may be borrowed in this way for that purpose if such course is authorized…