People ex rel. Stephens v. Halsey
New York Supreme Court
APPEAL from an order made at a special term, directing a mandamus to issue to compel the treasurer of the county of Steuben to issue his warrant for the collection of a certain tax.
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APPEAL from an order made at a special term, directing a mandamus to issue to compel the treasurer of the county of Steuben to issue his warrant for the collection of a certain tax. B. F. Young, agent in the county of Steuben for "William, Earl of Craven, Alexander Oswald and Edmund B. Estcourt, non-residents of the state, made out and delivered to the defendant, as treasurer of the county of Steuben, a sworn statement of the debts due to them in twenty-five different towns in Steuben county, as required by section 2 of the Laws of 1851, page 722. This statement purported to be a true account…
1Opinion of the Court
By the Court, Johnson, J.
The first objection made to this application on the part of the defendant is, that the relator is not the proper party to make it, he having no interest in the matter other than any other citizen of this, state. But this is strictly a question of public concern, and not a mere matter of private interest. It relates to the collection of the state and county tax; to the money of the people, for the maintenance and support of their government, in which each citizen has an equal and common interest. In such a case any citizen may make the application. (The People v.…
2Cases cited4 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- The People v. . HalseyNew York Court of Appeals · 1867
- Albany & West Stockbridge Railroad v. Town of CanaanNew York Supreme Court · 1853
- Van Rensselaer v. CottrellNew York Supreme Court · 1849
3Cited by6 opinions
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- People v. PitcherSupreme Court of Colorado · 1916
- Bailies v. City Council of Des MoinesSupreme Court of Iowa · 1905
- Laubach v. O'MearaMichigan Supreme Court · 1895
- United States Pipe & Foundry Co. v. City of HornellNew York Supreme Court · 1933
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