People ex rel. Guernsey v. Somers
New York Supreme Court
Mandamus by the People, on the relation of James J. Guernsey, against James T. Somers, as Treasurer of the County of Oneida. This is a mandamus proceeding to compel the respondent, as county treasurer of the county of Oneida, to pay to the relator $972 collected by him from the owners of property advertised in the year 1910 for sale, because of the nonpayment of taxes, pursuant to chapter 559 of the Laws of 1902 and the acts amendatory thereof.
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Mandamus by the People, on the relation of James J. Guernsey, against James T. Somers, as Treasurer of the County of Oneida. This is a mandamus proceeding to compel the respondent, as county treasurer of the county of Oneida, to pay to the relator $972 collected by him from the owners of property advertised in the year 1910 for sale, because of the nonpayment of taxes, pursuant to chapter 559 of the Laws of 1902 and the acts amendatory thereof. A peremptory writ was applied for in the first instance, to which the respondent made return, putting in issue the allegations of the petition, and…
1Opinion of the CourtPurcell, J.
The history and facts out of which the proceeding arose, stated as briefly as possible, are the following:
On the 30th day of Deeember, 1909, a majority of the Republican members of the board of supervisors of Oneida county, pursuant to the provisions of section 20 of the county law (being chapter 16, Laws of 1909) designated the Rome Tri-Weekly Republican, a newspaper owned and published by the relator, as a paper to publish the session laws and concurrent resolutions of the Legislature for the year 1910, and "on the same day filed such designation with the clerk of their board. On the day…
2Cases cited4 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
- People Ex Rel. Republican & Journal Co. v. WigginsNew York Court of Appeals · 1910
- People ex rel. Utica Sunday Tribune Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
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