People Ex Rel. Burroughs v. . Brinkerhoff
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order of Special Term directing the issuing of a writ of peremptory mcmdamus, directed to defendant Brinkerhofi, as chairman of the board of supervisors of Queens county, and to defendant Potter, as clerk of said board. (Reported below, 7 Hun, 668.) The requirements of the writ and the facts are set forth sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order of Special Term directing the issuing of a writ of peremptory mcmdamus, directed to defendant Brinkerhofi, as chairman of the board of supervisors of Queens county, and to defendant Potter, as clerk of said board. (Reported below, 7 Hun, 668.) The requirements of the writ and the facts are set forth sufficiently in the opinion. There was no legal authority for the board of supervisors to grant the permission to raise money for the purposes desired. (People ex rel. Fowler v. Bull, 46…
1Opinion of the CourtFolger, J.
By an act passed in 1869 (Laws of 1869, chap. 855, p. 2056), legislative authority was given to the hoard of supervisors of any county in the State, except Hew York and Kings, to empower the supervisor of any town, with the consent of certain other town officers, to borrow money on the credit of his town to build or repair any road or bridge (§ 1); and to provide for the use, as highways, of abandoned turnpike, plank or macadamized roads, within the town ; and for the improvement of any public highway laid out in pursuance of law (§ 2); but jurisdiction in the cases named in section 2 was not…
2Cases cited2 opinions
- Excelsior Petroleum Co. v. . LaceyNew York Court of Appeals · 1875
- People Ex Rel. Atkinson v. . TompkinsNew York Court of Appeals · 1876
3Cited by14 opinions
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- People Ex Rel. Clauson v. Newburgh & Shawangunk Plank Road Co.New York Court of Appeals · 1881
- Territory of Oklahoma Ex Rel. Taylor v. School District No. 83Supreme Court of Oklahoma · 1901
- Cooperrider v. State ex rel. StevensNebraska Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.