People ex rel. Yates v. Canal Board
New York Supreme Court
This was a motion by the People, on the relation of Andrew J. Yates, for a peremptory mandamus, to be directed to' the Canal Board, commanding them to act, and approve or disapprove of the contracts awarded to, and made with, the relator, as stated in the affidavit on which the motion was founded; and to approve or disapprove of the terms upon which, and the manner in which, the hoard of canal commissioners, state engineer and surveyor and division engineer had contracted…
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This was a motion by the People, on the relation of Andrew J. Yates, for a peremptory mandamus, to be directed to' the Canal Board, commanding them to act, and approve or disapprove of the contracts awarded to, and made with, the relator, as stated in the affidavit on which the motion was founded; and to approve or disapprove of the terms upon which, and the manner in which, the hoard of canal commissioners, state engineer and surveyor and division engineer had contracted with the said Andrew J, Yates to do the work in the said contracts specified; or for such other rule or order as the court…
1Opinion of the CourtCady, J.
What is the object of this motion? It is to compel the Canal Board to approve of the contracts set out in the relator’s affidavit, and thereby give them validity against the people of the state of New-York. Neither the Canal Board nor the individual members of that board, have any interest in this matter. That board was, by the constitution, organized as one, and a very important department of the government of the state. The importance of that department of the government may in some degree be judged of from the facts connected with, although not appearing upon the face of the papers in,…
2Cases cited10 opinions
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- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
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3Cited by18 opinions
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- Kelly v. City of ChicagoIllinois Supreme Court · 1871
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