People Ex Rel. Town of Walton v. Board of Supervisors
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to raise and set apart for the benefit of the relator a certain sum alleged to he unpaid upon a judgment previously recovered by the relator- against the said defendant. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 22, 1902, which affirmed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to raise and set apart for the benefit of the relator a certain sum alleged to he unpaid upon a judgment previously recovered by the relator- against the said defendant. The facts, so far as material, are stated in the opinion. The contention that the audit of the judgment by the board of supervisors, the including of the amount audited in the general tax…
1Opinion of the CourtO’Brien, J.
The order from which this appeal was taken affirmed an order of the Special Term which denied a motion made in behalf of the relator for a peremptory writ of mandamus to compel the defendant to levy and collect from the taxable property of the county the amount of a certain claim which the relator sought to enforce. The order of affirmance states that it was not made in the exercise of discretion, but for want of power on account of certain legal objections raised, and that except for these legal objections the application for the writ should have been granted. Hence, all questions of fact…
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