People Ex Rel. Slavin v. . Wendell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term refusing a motion for a peremptory mandamus. The application was for a writ of peremptory mandamus, requiring defendant, as treasurer of the county of Albany, to pay a claim of the relator audited by the board of supervisors of said county.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, affirming an order of Special Term refusing a motion for a peremptory mandamus. The application was for a writ of peremptory mandamus, requiring defendant, as treasurer of the county of Albany, to pay a claim of the relator audited by the board of supervisors of said county. It was claimed, upon the part of defendant, and the opposing papers tended to show, that a fraud was perpetrated upon said board as to a portion of the claim, and that another portion was allowed without authority of law. Further…
1Per curiam
The appeal papers in this case show quite clearly that a fraud was perpetrated upon the board of supervisors, in reference to a considerable portion of the relator’s claim. It is also apparent that another portion of the claim allowed was without any authority or sanction of law. Under such circumstances, it is manifest that a case' was not made out, within the well-settled principle that a remedy by peremptory mandamus cannot be invoked, unless there is a clear and unquestioned legal right. (People ex rel. Mott v. Board of Supervisors of Greene Co., 64 N. Y., 600, and cases cited.) The right…
2Cases cited2 opinions
- People Ex Rel. Mott v. . Board of SupervisorsNew York Court of Appeals · 1876
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
3Cited by17 opinions
- Ray v. WilsonSupreme Court of Florida · 1892
- In re Village of WaverlyAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of Shepard v. . OakleyNew York Court of Appeals · 1905
- People ex rel. Board of Commissioners for the Erection of a New Courthouse v. Board of SupervisorsNew York Supreme Court · 1901
- Finigan v. ZuberNew York Supreme Court · 1934
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