Legal Opinion

People Ex Rel. Cooke v. . Wood

New York Court of Appeals

Decided December 4, 1877PublishedCited by 16 opinions

Appeal from an order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term which directed the issuing of a peremptory mandamus directed to defendant as receiver of taxes of the village of Saratoga Springs, requiring him to pay a claim which had been audited and allowed to the relator by the board of auditors of said village.

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Appeal from an order of the General Term of the Supreme Court, in the third judicial department, reversing an order of Special Term which directed the issuing of a peremptory mandamus directed to defendant as receiver of taxes of the village of Saratoga Springs, requiring him to pay a claim which had been audited and allowed to the relator by the board of auditors of said village. The application for the writ was opposed upon the grounds, among others, that no proper warrant or draft was presented to defendant authorizing payment by him; also that the claim, if valid, belonged to and was a…

1Opinion of the CourtFolger, J.

In the view which we take of this case, it is not needed that we speak of many points raised by either side. It is our judgment that the relator is not entitled to a mandamus, and that the order of the General Term appealed from should be affirmed. We will briefly state our reasons.

In 1875, (Laws of 1875, chap. 517, p. 596), the Legislature enacted a statute to empower the trustees of the village of Saratoga Springs to raise $20,000, by an issue of the bonds of the municipality to that amount. This authority is given by the first section of the act. Though that section does not declare the…

2Cases cited2 opinions

  1. United States v. PalmerSupreme Court of the United States · 1818
  2. Ex parte BurrU.S. Circuit Court for the District of District of Columbia · 1823

3Cited by16 opinions

  1. City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
  2. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  3. People v. PecoraroAppellate Division of the Supreme Court of the State of New York · 1977
  4. Milton A. Jacobs, Inc. v. Manning Manufacturing Corp.District Court, S.D. New York · 1959
  5. State ex rel. Grigsby v. Buechler County TreasurerSouth Dakota Supreme Court · 1897

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