People Ex Rel. Smith v. . Clarke
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 28, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to pay to the relator the amount of his claim against the city of Hew Rochelle and dismissed such writ. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 28, 1903, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to pay to the relator the amount of his claim against the city of Hew Rochelle and dismissed such writ. The facts, so far as material, are stated in the opinion. The common council had jurisdiction and power to act upon the account in question ; the action of the municipality in auditing is now conclusive upon it, and beyond recall by any of its…
1Opinion of the CourtWeehee, J.
The relator instituted this proceeding to compel the payment to him, by the city of Hew Rochelle, of the sum of $654.15, upon a claim for the printing and publication of notices in tax sales and other municipal printing. The respondent Chamberlain, as comptroller of the city of Hew Rochelle, disputed the relator’s claim upon the ground that it was illegal, in that he had charged more than the amount fixed and allowed for such printing by the ordinances and charter of the city.
By section 62 of the charter of Hew Rochelle (Ch. 178, L. 1899) it is made the duty of the common council, at its…
2Cases cited7 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Nelson v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
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3Cited by16 opinions
- Matter of Equitable Trust Co. v. . HamiltonNew York Court of Appeals · 1919
- People v. . Journal Co.New York Court of Appeals · 1914
- Smith v. . HedgesNew York Court of Appeals · 1918
- Thompson v. HofstatterNew York Court of Appeals · 1934
- People ex rel. Swedish Hospital in Brooklyn v. LeoNew York Supreme Court · 1923
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