People, Ex Rel. Collins v. . Spicer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 20, 1883, which modified, and affirmed as modified, an order of Special Term, directing the issuing of a peremptory writ of mcmdamus commanding the comptroller of the city of Troy to countersign two accounts. for official printing by the Troy Observer, which accounts~had been audited and ordered paid by the common council of said city.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made November 20, 1883, which modified, and affirmed as modified, an order of Special Term, directing the issuing of a peremptory writ of mcmdamus commanding the comptroller of the city of Troy to countersign two accounts. for official printing by the Troy Observer, which accounts~had been audited and ordered paid by the common council of said city. The General Term modified the order of the Special Term by limiting it to the second account, which was for official printing done on and after April 30,…
1Opinion of the Court
Ruger, Ch. J.
This is a proceeding, by mahidamus, to compel the comptroller of the city of Troy to countersign two certain bills containing items of account accruing between the dates of June 13, 1881, and June o, 1883, for advertising and publishing official proceedings and notices for the municipal government of Troy, by the Troy Observer. lío question is made but that the services in question were actually rendered by the relator, nor but that the city of Troy had the benefit of them, in the performance of a duty imposed upon it by law. It is, however, urged, as a defense, that the Troy…
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