People Ex Rel. Lester v. . Eno
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1903, which sustained a writ of certiorari to review the proceedings of the defendants in disallowing a portion of a claim of relator against the town of Hamburg and directed the audit of such claim in full.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 4, 1903, which sustained a writ of certiorari to review the proceedings of the defendants in disallowing a portion of a claim of relator against the town of Hamburg and directed the audit of such claim in full. In August, 1902, the relator, a practicing physician of the village of Blasdell, town of Hamburg, Erie county, presented to the town board of that town a claim for services performed by him in caring for certain persons afflicted with the disease of smallpox. The claim…
1Opinion of the CourtWerner, J.
In reversing the action of the town board disallowing the relator’s claim for services rendered prior to May 9th, 1902, the learned Appellate Division evidently failed to give effect to the rule that the denials and allegations of a return to a writ of certiorari must be taken as true, so far as they put in issue tire material allegations of the petition for the writ. This is clearly shown by the statement in the opinion that “while the return of a majority of the town, board to the relator’s petition in form denies many of the allegations thereof, we are impressed with the idea that such…
2Cases cited3 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
- People ex rel. Gambling v. CholwellNew York Supreme Court · 1857
3Cited by11 opinions
- Matter of Reed v. Bd. of Standards AppealsNew York Court of Appeals · 1931
- State ex rel. Sholund v. Mayor & Common CouncilSupreme Court of Minnesota · 1914
- Luckie v. GoddardNew York Supreme Court · 1939
- Demarse v. BruckmanNew York Supreme Court · 1937
- People ex rel. Slosson v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1907
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