Legal Opinion

People ex rel. Conine v. County of Steuben

New York Supreme Court

Decided November 15, 1903PublishedCited by 3 opinions

Altebnative writ of mandamus to compel the county of Steuhen to show cause why a peremptory writ should not issue to compel the county to pay the relator fees, amounting to about $5,000, for collecting the State and the school taxes during the six years of his services as county treasurer, which ended December 31, 1900. Before the relator was elected for his first term, and in 1890, the board of supervisors had passed a resolution that the “ salary and compensation of the…

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Altebnative writ of mandamus to compel the county of Steuhen to show cause why a peremptory writ should not issue to compel the county to pay the relator fees, amounting to about $5,000, for collecting the State and the school taxes during the six years of his services as county treasurer, which ended December 31, 1900. Before the relator was elected for his first term, and in 1890, the board of supervisors had passed a resolution that the “ salary and compensation of the county treasurer should thereafter be $1,200.00 per year.” Fourteen months after the relator went out of office he…

1Opinion of the CourtNash, J.

The confusion and apparent inconsistencies and incongruities found to exist in the laws enacted from time to time, regulating the fees of county treasurers, by Judge Allen in deciding the case of Board of Supervisors v. Otis, 62 N. Y. 97, had not been removed at the time the relator held the office of treasurer of the county of Steuben. The question whether county treasurers might or might not receive fees in addition to their salary at the time the relator held office, in counties in which the compensation of the county treasurer had been fixed by the board of supervisors, has not been…

2Cases cited3 opinions

  1. Board of Supervisors v. . OtisNew York Court of Appeals · 1875
  2. Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
  3. Board of Supervisors v. JonesNew York Court of Appeals · 1890

3Cited by3 opinions

  1. Municipal Gas Co. v. Public Service CommissionNew York Supreme Court · 1920
  2. Estate of O'GormanCalifornia Superior Court · 1910
  3. People ex rel. Conine v. Steuben CountyAppellate Division of the Supreme Court of the State of New York · 1904

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