People ex rel. McCabe v. Matthies
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles A. Matthies and others, as the board of town auditors of the town of White Plains, from an order of the Supreme Court, made at the Westchester Special Term and entered in the' office of the clerk of the county of Westchester on the 1st day of November, 1902, granting* a peremptory writ of mandamus, and also from an order bearing date the 27th day of October, 1902, and entered in said clerk’s office, denying the defend»ants’ motion for a new…
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Appeal by the defendants, Charles A. Matthies and others, as the board of town auditors of the town of White Plains, from an order of the Supreme Court, made at the Westchester Special Term and entered in the' office of the clerk of the county of Westchester on the 1st day of November, 1902, granting* a peremptory writ of mandamus, and also from an order bearing date the 27th day of October, 1902, and entered in said clerk’s office, denying the defend»ants’ motion for a new trial made upon the minutes, with' notice of an intention to bring up for review upon such appeal an order entered in…
1Opinion of the Court
Hooker, J.:
The, town of White Plains entered into a contract with the relators for the improvement of certain roads in that town outside the village of White Plains. In doing this work they used several thousand cubic yards of stone more than they had contemplated would be necessary at the time .the contract was made, and for the value of this stone filed a claim with the town board of the town of White Plains, which is by statute the. board of town auditors. This \body refused to audit the claim, and the relators procured a peremptory writ of mandamus directing its examination and audit. The…
2Cases cited7 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- People Ex Rel. Sims v. . CollierNew York Court of Appeals · 1903
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3Cited by3 opinions
- In re DarlingNew York Supreme Court · 1911
- People ex rel. McCabe v. SnedekerAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Danziger v. MetzAppellate Division of the Supreme Court of the State of New York · 1908