Legal Opinion

People ex rel. Morey v. Town Board

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Certiorari issued out of the Supreme Court and attested on the 21st day of May, 1902, directed to William H. Jones, as Supervisor, and others, constituting the Town Board of the Town of Oyster Bay in the County of Nassau, requiring them to certify and return to the office of the clerk of the county of Nassau all and singular their proceedings had in auditing and disallowing the account of the relator upon a claim for services rendered in repairing a bridge, under employment…

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Certiorari issued out of the Supreme Court and attested on the 21st day of May, 1902, directed to William H. Jones, as Supervisor, and others, constituting the Town Board of the Town of Oyster Bay in the County of Nassau, requiring them to certify and return to the office of the clerk of the county of Nassau all and singular their proceedings had in auditing and disallowing the account of the relator upon a claim for services rendered in repairing a bridge, under employment by the commissioners of highway of the said town.

1Opinion of the Court

Willard Bartlett, J.:

Section 10 of the Highway Law authorizes the commissioners of highways in towns to cause damaged or unsafe bridges to be repaired, with the consent of the town board. If the expense exceeds $500 the work must be done under a written contract to be approved by the town board. “ The commissioners of highways shall present the proper vouchers for the expense thereof to the town board at their next annual meeting, and the same shall be audited by them and collected in the same manner as amounts voted at town meetings.” (Laws of 1890, chap. 568, as amd. by Laws of 1895, chap.…

2Cases cited1 opinion

  1. People ex rel. Oppenheimer Publishing & Printing Co. v. PeopleNew York Supreme Court · 1894

3Cited by1 opinion

  1. Gerber v. BoorsteinAppellate Division of the Supreme Court of the State of New York · 1906

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