People ex rel. Hamm v. Board of Town Auditors
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Board of Town Auditors of the town of Carrollton, Cattaraugus county, N. Y., and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of Erie county on the 20th day of December, 1898, directing that a peremptory writ of mandamus issue requiring the defendants to meet and audit the accounts of the relator. , During the years 1895 and 1896 the relator was commissioner of highways of the…
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Appeal by the defendants, The Board of Town Auditors of the town of Carrollton, Cattaraugus county, N. Y., and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of Erie county on the 20th day of December, 1898, directing that a peremptory writ of mandamus issue requiring the defendants to meet and audit the accounts of the relator. , During the years 1895 and 1896 the relator was commissioner of highways of the town of Carrollton, in the county of Cattaraugus. In the fall of 1895 he presented his account, duly itemized and…
1Opinion of the Court
Spring, J.:
The relator, as commissioner of the highways of the town, was charged with the care and supervision of its highways. He was not an officer serving without compensation, but was entitled to two dollars per day for his services in the performance of his official duties. It was incumbent upon him to make out his account by items and present the same to the town board for audit, which he did. In the fall of 1895 the account was not only itemized but divided into three subdivisions, one comprising the items for his services each day as commissioner, one for- the work with teams, and one…
2Cases cited5 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People ex rel. Slater v. SmithNew York Supreme Court · 1894
- Ramsdale v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Govers v. Village of New RochelleAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Remington v. ManningAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- John Lyth & Sons v. Town of Evans, New York County Courts1900
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- In re MeffordAppellate Division of the Supreme Court of the State of New York · 1906
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