People v. Baker
New York Supreme Court
MOTION for a mandamus to compel the defendant to pay a draft of §1059.39, drawn by the superintendent of the Monroe county penitentiary, to pay for labor performed and materials provided in building an addition to such penitentiary. The labor was performed under a contract made with the board of supervisors of Monroe county, by the relator, for building an addition to the Monroe county penitentiary.
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MOTION for a mandamus to compel the defendant to pay a draft of §1059.39, drawn by the superintendent of the Monroe county penitentiary, to pay for labor performed and materials provided in building an addition to such penitentiary. The labor was performed under a contract made with the board of supervisors of Monroe county, by the relator, for building an addition to the Monroe county penitentiary. It appeared from the papers, upon the hearing, that the board of supervisors of the county, at their annual meeting in 1857, resolved to build a fire-proof county clerk’s and surrogate’s office,…
1Opinion of the Court
By the Court, Johnson, J.
The defendant was right in refusing payment of the draft in question, if the board of supervisors had no power to appropriate the fund, on which it is conceded to have been drawn, to the purpose of building an addition to the penitentiary. It is a question of power in the board of supervisors of the county of Monroe. The fund, amounting to $23,500 was raised in pursuance of a resolution of the board of supervisors, at their-annual meeting in 1857, by the issue and gale of bonds, and paid into the treasury, for the purpose of building a fire-proof county clerk’s and…
2Cited by3 opinions
- Territory of Hawaii ex rel. County of Oahu v. WhitneyHawaii Supreme Court · 1905
- Board of Supervisors v. PhippsAppellate Division of the Supreme Court of the State of New York · 1898
- United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624Court of Appeals for the Third Circuit · 2005