Board of Sup'rs v. Phipps
Appellate Division of the Supreme Court of the State of New York
Action by the board of supervisors of Queens county against Charles L. Phipps, as county treasurer of Queens county. The controversy was submitted, under Code Civ. Proc. § 1279, on an agreed case. Judgment for plaintiff.
1Opinion of the CourtHatch, 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 improvement 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, 48 N. Y. Supp. 604; Weil v. Bermel, 23 App. Div. 624, 48 N. Y. Supp. 1118. 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…
2Cases cited5 opinions
- People Ex. Rel. Morrill v. Board of SupervisorsNew York Court of Appeals · 1889
- People Ex Rel. Wakeley v. . McIntyreNew York Court of Appeals · 1898
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
- Board of Supervisors v. PhippsAppellate Division of the Supreme Court of the State of New York · 1898
- Weil v. BermelAppellate Division of the Supreme Court of the State of New York · 1897