People Ex Rel. Loomis v. Board of Town Auditors of Little Valley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term quashing and setting aside a writ of alternative mandamus issued herein.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term quashing and setting aside a writ of alternative mandamus issued herein. The writ set forth the recovery of a judgment” by the relator against Morris Woodruff as sole commissioner of highways of said town of Little Valley, and the return of an execution thereon unsatisfied, a presentation of a claim for said judgment to the board of town auditors with a request that it be audited and allowed as a town charge, and a refusal of the board to audit and allow the same.…
1Opinion of the CourtMiller, J.
The application of the relator for a mandamus rests entirely upon the ground that the j udgmen t was recovered against Woodruff, as a commissioner of highways of the town' of Little Valley, and that it was the duty of the town auditors to audit and allow the same. In support of this position, the relator’s counsel relies upon section 8, 1 E. S., 357 and 358, which relates to suits and proceedings against towns and town officers, and makes provision that “judgments recovered against a town or against town officers in actions prosecuted by or against them in their name of office shall be a town…
2Cases cited3 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Morey v. Town of NewfaneNew York Supreme Court · 1850
3Cited by15 opinions
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Bidelman v. . State of New YorkNew York Court of Appeals · 1888
- Richardson v. Co. Comm'rs. Kent Co.Court of Appeals of Maryland · 1913
- Barber v. Town of New ScotlandNew York Supreme Court · 1895
- Bush v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1901
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