People ex rel. McSpedon v. Stout
New York Supreme Court
An alternative mandamus having been previously issued in each of the above cases, a motion was now made that a peremptory mandamus issue. In the first ease it was alleged that on the 25th of January, 1855, a resolution was adopted by the board of supervisors of the city and county of blew York directing the books of record in the register’s office to be repaired under the direction of the committee of the hoard on county officers.
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An alternative mandamus having been previously issued in each of the above cases, a motion was now made that a peremptory mandamus issue. In the first ease it was alleged that on the 25th of January, 1855, a resolution was adopted by the board of supervisors of the city and county of blew York directing the books of record in the register’s office to be repaired under the direction of the committee of the hoard on county officers. That the relators were employed to do the said work, and performed the same, and that their bill therefor was duly presented to the board of supervisors, and…
1Opinion of the CourtDavies, J.
The register of the city and county of New York is a county officer, (§§ 1 and 2 of Art. 10, Const. 1846, art. 8, title 2 of chap. 12, part 1 of R. S.) It is made the duty of the register of the city and county of New York to provide the necessary books for recording deeds and mortgages, and books for general indices. A like duty is imposed on the clerks of the several counties. In the case of Bright v. Supervisors of Chenango, (18 John. 242,) this court held that “ the books directed to be procured become permanent records, and are the property of the county. Although not exclusively, they…
2Cases cited3 opinions
- Hodges v. City of BuffaloNew York Supreme Court · 1846
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- Bradley v. BaxterNew York Supreme Court · 1858
3Cited by11 opinions
- Mayor of New York v. Tenth National BankNew York Court of Appeals · 1888
- Stowell v. Board of SupervisorsMichigan Supreme Court · 1885
- People ex rel. Navano v. Van NortNew York Supreme Court · 1872
- Hendricks v. JohnsonMississippi Supreme Court · 1871
- Conway v. MayorNew York Court of Common Pleas · 1876
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