People ex rel. Ellis v. Flagg
New York Supreme Court
The relator, in the months of April and May, 1857, furnished stationery amounting to $167.13, to the tax commissioners of the city of bTew-York, which was used by them in the performance of their official duties.
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The relator, in the months of April and May, 1857, furnished stationery amounting to $167.13, to the tax commissioners of the city of bTew-York, which was used by them in the performance of their official duties. On the 1st of June, 1857, the bill was certified by the tax commissioners as correct, and on the 6th of July, 1857, the supervisors directed, the comptroller, (the respondent,) to pay ifc The bill was never examined or allowed by the auditor of the finance department of the mayor,, aldeftnfen and commonalty of the city of blew-York. The respondent refused to draw his warrant as…
1Opinion of the Court
By the court—Davies, Justice.
If this were a legal county charge, after its audit and allowance by the board of supervisors, a mandamus would- lie to the county treasurer, to compel its payment. (The People agt. Stout, 13 How. 314; Same agt. Same, in Downing's case, 4 Abb. 25.)
But the act of April 15th, 1857, (Laws of 1857, ch. 590,) has introduced ah entire change as to the powers of the supervisors of the county of New-York, and the mode of keeping their accounts, and the payment of county charges.
By section 6-of this act, the comptroller of the corporation *555of New-York, is made the fiscal…
2Cited by2 opinions
- People ex rel. Brown v. GreenNew York Court of Common Pleas · 1874
- Brown v. GreenNew York Supreme Court · 1873