Legal Opinion

Board of Supervisors v. Phipps

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Hatch, J.:

The question presented by this submission is one of power. Authority in the board of supervisors of Queens county to pass the resolution authorizing an issue of bonds for the construction and *351improvement of the Brooklyn and Jamaica road, and other roads in •said county, has heretofore been upheld in this court. (Ghiglione v. Marsh, 23 App. Div. 61; Weil v. Bermel, Id. 624.) The authority of such board to adopt a resolution authorizing the appropriation of a balance unused, the proceeds of bonds sold to create a fund for such improvement, after the improvement was made, to the…

2Cases cited3 opinions

  1. People Ex. Rel. Morrill v. Board of SupervisorsNew York Court of Appeals · 1889
  2. Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
  3. Board of Supervisors v. PhippsAppellate Division of the Supreme Court of the State of New York · 1898

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