Legal Opinion

People Ex Rel. Mott v. . Board of Supervisors

New York Court of Appeals

Decided April 11, 1876PublishedCited by 19 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department reversing an order of Special Term denying a motion for a writ of peremptory mandamus, and directing the issuing of such writ directed to defendant, commanding its members to assemble and impose a tax upon the taxable property of said county of Greene for the purpose of paying the interest upon certain bonds held by relator, issued by defendant.

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Appeal from order of the General Term of the Supreme Court in the third judicial department reversing an order of Special Term denying a motion for a writ of peremptory mandamus, and directing the issuing of such writ directed to defendant, commanding its members to assemble and impose a tax upon the taxable property of said county of Greene for the purpose of paying the interest upon certain bonds held by relator, issued by defendant. The affidavits upon the part of the relator alleged, in substance, that under the provisions of the act of 1869, “to enable the supervisors of the counties of…

1Opinion of the CourtMiller, J.

The relator seeks, by writ of mandamus, to compel the payment of the interest upon, two bonds purporting to be issued by the board of supervisors of the county of Greene, in pursuance of chapter 215 of the Laws of 1869, which authorizes the board of supervisors of said county, if in their discretion they should see fit to do so, to issue the bonds of said county to any banks therein which had paid taxes, during the years 1863 and 1864, upon any portion of their capital stock invested in securities of the United States, exempt by law from taxation.

The principles which govern the issuing of a…

2Cases cited2 opinions

  1. People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
  2. People Ex Rel. Perkins v. HawkinsNew York Court of Appeals · 1871

3Cited by19 opinions

  1. Ray v. WilsonSupreme Court of Florida · 1892
  2. State ex rel. Hart v. BurkeSupreme Court of Louisiana · 1881
  3. In Re Smith v. . Board of SupervisorsNew York Court of Appeals · 1896
  4. People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
  5. People ex rel. Decker v. WatersNew York Supreme Court · 1893

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