In re Lanehart
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Louis N. Lanehart, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of March,. 1898, denying his motion for a writ of certiorari directed to the board of supervisors of the county of Queens, commanding them to certify and return to the court all and singular their proceedings had in the matter of the audit of the claim of Louis N. Lanehart against…
Read the full summary
Appeal by the petitioner, Louis N. Lanehart, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 31st day of March,. 1898, denying his motion for a writ of certiorari directed to the board of supervisors of the county of Queens, commanding them to certify and return to the court all and singular their proceedings had in the matter of the audit of the claim of Louis N. Lanehart against the county for $800 for medical services performed for one Frank Larsen, a juror, at a Criminal Trial Term of the…
1Opinion of the Court
Pee Curiam :
It is well settled that where a claim is presented to a hoard of supervisors for audit, which the board is required by law to allow at the sum presented, and its audit is refused, or it is arbitrarily reduced, mandamus is the proper remedy. (People v. Supervisors of Delaware Co., 45 N. Y. 196 ; People ex rel. Morrison v. Supervisors, 56 Hun, 489.) But where the claim presented vests the auditing body with authority to exercise judgment, and requires a determination based upon conflicting testimony and inferences arising therefrom, whatever right of review exists must be by…
2Cases cited4 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- People ex rel. Campbell v. HannanNew York Supreme Court · 1890
3Cited by5 opinions
- Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
- State ex rel. Sanks v. JohnsonMissouri Court of Appeals · 1909
- People ex rel. Village of Brockport v. SutphinAppellate Division of the Supreme Court of the State of New York · 1900
- Berg v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1925
- People ex rel. Van Denbergh v. Town Board of ColonieAppellate Division of the Supreme Court of the State of New York · 1938