People Ex Rel. McCabe v. . Matthies
New York Court of Appeals
Appeal from an order of the Appellate Division of the-Supreme Court in the second judicial department, entered April 29,1904, which reversed an order of Special Term grant-, ing a motion for a peremptory writ of mandamus to compel defendants to audit and allow a certain claim of the relators, and dismissed the proceedings. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the-Supreme Court in the second judicial department, entered April 29,1904, which reversed an order of Special Term grant-, ing a motion for a peremptory writ of mandamus to compel defendants to audit and allow a certain claim of the relators, and dismissed the proceedings. The facts, so far as material, are stated in the opinion. If the relators have a legal claim against the town, it was error for the board of town auditors to reject the same on the-ground that it did not constitute a legal liability, and their action is properly reviewable…
1Opinion of the CourtMartin, J.
Although there were many important and interesting questions presented upon the argument of this appeal which relate to the rights and liabilities of the parties, still, with our view of the case, its present determination rests upon the question of remedies rather than the ultimate rights of the parties. It seems quite plain that the appellants have mistaken their remedy, and that the court below properly so held. “ The remedy by mandamus is of an exceptional character, and the writ issues only in that class of cases where a clear legal right is made to appear and there is no other adequate…
2Cases cited17 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
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3Cited by42 opinions
- Evans v. MonaghanNew York Court of Appeals · 1954
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- 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
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Littell v. Webster CountySupreme Court of Iowa · 1911
37 more not listed; retrieve them via the Exa API.