People Ex Rel. Peake v. Board of Supervisors
New York Court of Appeals
Appeal from the order of the late General Term in the third district, ordering a peremptory mandamus to issne, requiring the board of supervisors of Columbia county to take measures to raise $500 to pay a bounty to the relator. The Special Term, upon the facts set forth in the moving papers, had denied the motion for a mandamus, which order the General Term reversed.
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Appeal from the order of the late General Term in the third district, ordering a peremptory mandamus to issne, requiring the board of supervisors of Columbia county to take measures to raise $500 to pay a bounty to the relator. The Special Term, upon the facts set forth in the moving papers, had denied the motion for a mandamus, which order the General Term reversed. By a resolution of the hoard of supervisors of that county, dated July 26, 1864, they resolved that a bounty of $500 be paid for each person who has already or may hereafter enlist as a volunteer, who has or may hereafter be…
1Opinion of the CourtAllen, J.
The claim of the relator rests primarily upon the authority conferred by act of the legislature in 1864, upon the board of supervisors of the several counties, to raise money by tax for the purpose of paying bounties to volunteers into the military and naval service of the United States (Laws of 1864, chap. 8, § 22), and in great measure depends upon the true construction of that act. For, if the action of the board of supervisors, which is essential to the relator’s case, and necessary to sustain his claim, was in excess of the powers conferred, quoad such excess, the action was void as…
2Cases cited6 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Sanford v. . BennettNew York Court of Appeals · 1861
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Wood v. OakleyNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Standard Oil Co. v. StateTennessee Supreme Court · 1906
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Galusha v. WendtSupreme Court of Iowa · 1901
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
34 more not listed; retrieve them via the Exa API.