People ex rel. Johnson v. Martin
New York Supreme Court
DEMURRER by the plaintiffs to the defendant’s return to an alternative writ of mandamus. The defendant was elected supervisor of the town of . Olean, ' Cattaraugus county, in February 1869, for one year, and qualified and acted as such until the annual town meeting in February 1870. During his term of office he received money and property belonging to the town, but failed to account for such property, or to disburse such, moneys, and the same, or a portion thereof, remained…
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DEMURRER by the plaintiffs to the defendant’s return to an alternative writ of mandamus. The defendant was elected supervisor of the town of . Olean, ' Cattaraugus county, in February 1869, for one year, and qualified and acted as such until the annual town meeting in February 1870. During his term of office he received money and property belonging to the town, but failed to account for such property, or to disburse such, moneys, and the same, or a portion thereof, remained in his hands. He neglected and refused to account with the justices of the peace and the town clerk, on the Tuesday next…
1Opinion of the CourtLamont, J.
The plaintiffs’ counsel relies upon the act of 1866, (chap. 534,) as furnishing authority for this proceeding by mandamus, to compel the defendant to meet and account with the justices of the peace and town clerk of Olean, for the disbursement of moneys received by him as supervisor. This is the specific duty which the alternative writ .commands the defendant to do, or to show cause to the contrary.
It was the duty of the defendant to have had an accounting with these officers on the Tuesday preceding the annual town meeting held in February 1870. Such is the command of the statute, for a…
2Cases cited5 opinions
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- People ex rel. Ayres v. Board of SupervisorsNew York Supreme Court · 1852
- Supervisors of Allegany v. Van CampenNew York Supreme Court · 1829
- People v. WentzNew York Court of Appeals · 1867
- People ex rel. Lowell v. Board of Town AuditorsNew York Supreme Court · 1868