The People v. . the Supervisors of Livingston County
New York Court of Appeals
Appeal from the Supreme Court. Mandamus to compel the board of supervisors of Livingston county to assemble and cause to be raised the sum of $28,444.92 upon the taxable property of that county, to make up an alleged loss to the state treasury to that amount, sustained by the default of the county treasurer.
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Appeal from the Supreme Court. Mandamus to compel the board of supervisors of Livingston county to assemble and cause to be raised the sum of $28,444.92 upon the taxable property of that county, to make up an alleged loss to the state treasury to that amount, sustained by the default of the county treasurer. The alternative writ was issued in May, 1857. By the return of the board to the writ, it appeared that the treasurer had made default in paying into the state treasury the sum mentioned, a part of which had been received by him on account of the state tax of 1855, and the residue for that…
1Opinion of the CourtDenio, J.
The provision relied upon by the attorney-general is found in a statute passed in 1850 (ch. 298, § 25), and is as follows: “All losses which maybe sustained by the default of the collector of any town or ward, shall be chargeable on such town or ward. All losses which may he sustained by the default of the treasurer of any county, in the discharge of the duties imposed by this act, shall he chargeable on such county; and the several boards of supervisors shall add such losses to the next year’s taxes of such town or county.” At the time of the issuing of the alternative mandamus, the county…
2Cited by2 opinions
- First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
- State ex rel. McCarty v. Board of CommissionersIndiana Supreme Court · 1865