People Ex Rel. Johnson v. Board of Supervisors
New York Court of Appeals
Appeal from an order of the General Term in the Third department, granting a peremptory mandamus on an appeal by the relator from an order of the Special Term, denying a motion for an attachment against the board of supervisors for an alleged contempt. During a portion of the years 1859 and 1860, the relator was attorney for the board of excise of Delaware county.
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Appeal from an order of the General Term in the Third department, granting a peremptory mandamus on an appeal by the relator from an order of the Special Term, denying a motion for an attachment against the board of supervisors for an alleged contempt. During a portion of the years 1859 and 1860, the relator was attorney for the board of excise of Delaware county. He presented to the board of supervisors of that county his bill for the legal services rendered as such attorney to the excise board, including services in two suits known as the Goan and Sack-rider suits. In the latter, a judgment…
1Opinion of the CourtFolger, J.
We have no doubt but that the board of commissioners of excise had the power to employ an attorney and counselor at law, to conduct for them their legal business, and to give them advice, from time to time, as they should need it. The act by which they are created imposes upon them the duty, when cases arise, of commencing and prosecuting legal proceedings. As there is no provision in the act that the members of the board shall be appointed of those who possess the acquired ability to conduct such proceedings, the implication is necessary that when they are obliged, in the performance of…
2Cases cited7 opinions
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- Hull v. SupervisorsNew York Supreme Court · 1821
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Board of Commissioners of Excise of Delaware County v. SackriderNew York Court of Appeals · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Matter of TillmanNew York Court of Appeals · 1932
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- County of Campbell v. HowardSupreme Court of Virginia · 1922
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
56 more not listed; retrieve them via the Exa API.