People ex rel. McCabe v. Snedeker
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supremé Court and attested on the . 21st day of December, 1904, directed to John A. Snedeker. and others, as the board of town auditors of the town of White Plains, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings had in relation to the refusal to audit-a claim presented by the firm-of McCabe & Duffy against" the town of White Plains.
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Certiorari issued out of the Supremé Court and attested on the . 21st day of December, 1904, directed to John A. Snedeker. and others, as the board of town auditors of the town of White Plains, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings had in relation to the refusal to audit-a claim presented by the firm-of McCabe & Duffy against" the town of White Plains. Sections 405, 414 and-2125 of the Code of Civil Procedure, referred to in the opinion, are as follows: § 405.' “If an action is commenced within the time…
1Opinion of the Court
Miller, J.:
- This is a certiorari to review the audit and rejection of a claim presented by the relator to the respondents, which occurred January 22, 19.02, and which the relator undertook to review by mandamus, with the result that an alternative writ was issued within four months thereafter, and, a trial being liad upon the issues joined, a verdict was rendered in favor of the relator for the sum of $19,984.25,. upon which a peremptory writ was issued commanding the respondents to audit the claim at not less than said sum. Upon appeal, however,, from the order directing the issuance of…
2Cases cited5 opinions
- Hayden v. . PierceNew York Court of Appeals · 1895
- McMaster v. . the State of New YorkNew York Court of Appeals · 1888
- O'Brien v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Dwyer v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. McCabe v. MatthiesAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- People ex rel. Wheeler v. NeafseyNew York Supreme Court · 1931
- People ex rel. Mccabe v. SnedekerAppellate Division of the Supreme Court of the State of New York · 1905
- Ralph D. Young, Inc. v. Town of West SenecaNew York Supreme Court · 1958