Matter of Dean
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20, 1920, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus and granted said motion. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Hiscock, Ch. J.
The writ of mandamus sought and granted in this proceeding in effect requires the appellants as officers and trustees of the village of Wilson to audit, allow and pay a claim of the petitioner for paving done by him in said village. The controlling facts out of which the controversy has arisen are as follows:
The predecessors in office of appellants made a contract with petitioner to lay a pavement sixteen feet wide in what was known as Young street in said village. There is no question here that said contract was valid and properly executed and petitioner has been paid in full…
2Cases cited3 opinions
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- Parfitt v. . FurgusonNew York Court of Appeals · 1899
3Cited by5 opinions
- Wilmington Trust Co. v. HighfieldSupreme Court of Delaware · 1931
- Noonan v. O'LearyNew York Supreme Court · 1954
- In re MitrioneNew York Supreme Court · 1961
- McGuinn v. City of High PointSupreme Court of North Carolina · 1941
- Stephens v. GrenierAppellate Division of the Supreme Court of the State of New York · 1948