People ex rel. Martin, Bing & Co. v. County of Westchester
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested the 17th day of June, 1899, directed to The County of Westchester and The Board of Supervisors of Westchester County, commanding them to certify and return to the clerk of the county of Westchester all and singular their proceedings in relation to the audit by The Board of Supervisors of Westchester County of the claim of the relator.
1Opinion of the Court
Jenks, J.:
It is insisted that this writ of certiorari to review an audit of a claim by the board of supervisors of the county of Westchester does not lie,' Ho forbidding precedent is cited. But the proposition is this: Subdivision.! of section 2122 of the Code of Civil Procedure-prohibits it, as the right to sue on the claim negatives the idea that the audit finally determines the rights of the parties. The respondents cite People ex rel. Gorr v. Schoonover (43 App. Div. 539). and Kennedy v. County of Queens (47 id. 250). From the earliest time in- the history of the State claims against a…
2Cases cited17 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Brill v. . TuttleNew York Court of Appeals · 1880
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
- Markey v. . County of QueensNew York Court of Appeals · 1898
- Culross v. . GibbonsNew York Court of Appeals · 1892
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3Cited by5 opinions
- Western New York Institution for Deaf Mutes v. County of BroomeNew York Supreme Court · 1913
- Sutherland v. St. Lawrence CountyNew York Supreme Court · 1903
- Foy v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1901
- Foy v. Westchester CountyAppellate Division of the Supreme Court of the State of New York · 1901
- Milford State Bank v. ParrishUtah Supreme Court · 1935