People ex rel. Conway v. Board of Supervisors
New York Supreme Court
Appeal from a judgment entered upon a decision of the court at Special Term, denying a peremptory mandamus to the defendants and dismissing the alternative mandamus, requiring them to cause to be levied, collected and paid over to the relator the sum of $5,500 and interest, or show cause to the contrary, etc.
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Appeal from a judgment entered upon a decision of the court at Special Term, denying a peremptory mandamus to the defendants and dismissing the alternative mandamus, requiring them to cause to be levied, collected and paid over to the relator the sum of $5,500 and interest, or show cause to the contrary, etc. The following is the alternative writ: The People of the State of New Yorlc to the Board of Supervisors of Livi/ngton county, greeting: Whereas, The commissioners of highways of the towns of Geneseo and Leicester, in the county of Livingston, entered into a contract with one James Conway…
1Opinion of the Court
Gilbert, J.:
It is reasonably certain that the object of the act of April 1, 1872, was to give the defendants a discretionary power, and not to impose upon them a positive duty. This is shown as well by the language employed, as by the circumstances in which the claim of the relator originated. By the first section of the act, the defendants are authorized to audit and adj'ust the claim, and the second section provides that they “ may cause to be levied and collected upon the towns of Geneseo and Leicester such sum as shall be found necessary to pay the amounts allowed.” Before the passage of…
2Cases cited4 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Phelps v. . HawleyNew York Court of Appeals · 1873
- Baldwin v. MayorNew York Court of Appeals · 1866