People ex rel. Wells v. Board of Audit
New York Supreme Court
APPEAL by plaintiffs from an order at special term denying an application for a mandamus. The proceedings were instituted upon the relation of Obadiah Wells against the Board of Audit of the Town of Hempstead, to compel defendant to audit an account of relator against said town for moneys paid out for counsel fees and expenses in an action brought for the benefit of said town. The facts were these.
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APPEAL by plaintiffs from an order at special term denying an application for a mandamus. The proceedings were instituted upon the relation of Obadiah Wells against the Board of Audit of the Town of Hempstead, to compel defendant to audit an account of relator against said town for moneys paid out for counsel fees and expenses in an action brought for the benefit of said town. The facts were these. In June, 1874, the following call was duly posted and published as required by law: “ Call for a special town meeting. In compliance with the following petition, a special town meeting of the…
1Opinion of the CourtTappen, J.
A special town meeting "was held at the town of Hempstead, on the 3d of July, 1874, after due notice, at which a resolution was adopted by ballot, directing suits to be commenced against certain person's, to recover certain common lands of the town. The sum of $400 was appropriated for the expense of the suits, and the relator, Obadiah Wells, was, by the same meeting, appointed attorney to institute the same. The suits were commenced, and a bill rendered by him against the town for $255, for the money claimed to have been expended by the relator for counsel fees and other expenses in such…
2Cases cited6 opinions
- Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- Bell v. Town of EsopusNew York Supreme Court · 1867
- People Ex Rel. Simonson v. MartinNew York Court of Appeals · 1851
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