People Ex Rel. v. . B'd Sup'rs of Ontario County
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 26, 1879, reversing a judgment entered upon a decision of the court at Special Term, awarding a peremptory mandamus. (Reported below, 17 Hun, 501.) The petitioners are the supervisors, respectively, of the towns of Geneva, Phelps and Seneca, in Ontario county.
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Appeal from a judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 26, 1879, reversing a judgment entered upon a decision of the court at Special Term, awarding a peremptory mandamus. (Reported below, 17 Hun, 501.) The petitioners are the supervisors, respectively, of the towns of Geneva, Phelps and Seneca, in Ontario county. In 1876 they took separate appeals to the State assessors from the determination of the board of supervisors of that'county, in the equalization of assessments and the correction of the assessment-rolls of…
1Opinion of the CourtDanforth, J.
The object of the relators was to put the respondent in motion, and so enforce the performance of a public duty. It was not one of individual interest, and the right of prosecution, therefore, was not confined to a single person. Moreover, the objection that the writ includes the grievance of three separate towns, and that their several supervisors improperly unite in the complaint, does not affect, the merits. If sustained, it would only lead to three writs directed to the same end, and, if good at any time, was available by motion to quash the writ; and we concur with the General Term in…
2Cases cited1 opinion
- People Ex Rel. Board of Supervisors v. HadleyNew York Court of Appeals · 1879
3Cited by3 opinions
- People Ex Rel. Ahlschlager v. Board of ReviewIllinois Supreme Court · 1933
- People ex rel. Fraser v. Board of AuditorsNew York Supreme Court · 1888
- State v. SimmonsSuperior Court of Delaware · 1901