People Ex Rel. Thurston v. Board of Town Auditors of Elmira
New York Court of Appeals
Appeal from order of the General Term of the Supreme Gourt, in the third judicial department, affirming an order of Special Term directing the issuing of a writ of mandamus to the board of town auditors of the town of Elmira, Chemung county, directing them to convene and audit the account of the relator as commissioner of highways of said town. (Reported below, 20 Hun, 150.) The facts sufficiently appear in the opinion.
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Appeal from order of the General Term of the Supreme Gourt, in the third judicial department, affirming an order of Special Term directing the issuing of a writ of mandamus to the board of town auditors of the town of Elmira, Chemung county, directing them to convene and audit the account of the relator as commissioner of highways of said town. (Reported below, 20 Hun, 150.) The facts sufficiently appear in the opinion. In auditing the relator’s bill it was not the duty of the board to particularly specify the items allowed or disallowed. ■ (1 R. S. 835, § 48 [5th' ed.] ; People ex rel.…
1Opinion of the CourtFinch, J.
There is but a single question in this ease. If the relator’s bill has been in fact audited by the town board, the mandamus awarded was improper. It it has not been so audited, it was right to command performance of that duty. The relator was commissioner of highways, and having acted in that capacity, presented his bill in proper form, and duly verified, for twenty-seven days’ service, specifying by its date each day for which payment was claimed, and the particular service or duty performed. The rate of compensation is fixed by law at two dollars a day. The only open question, therefore,…
2Cases cited1 opinion
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
3Cited by17 opinions
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- New York Catholic Protectory v. Rockland CountyNew York Court of Appeals · 1914
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
- People ex rel. McMillen v. VanderpoelAppellate Division of the Supreme Court of the State of New York · 1898
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