People ex rel. Hadley v. Supervisors of Albany County
New York Supreme Court
This is an application for a mandamus to compel the board of supervisors of Albany county to audit the claim of the relator, for services rendered in the defence of Mary Hartung, who was indicted for murder. It appears from the papers, that on the 21st day of September, 1858, on motion of Samuel Gr.
Read the full summary
This is an application for a mandamus to compel the board of supervisors of Albany county to audit the claim of the relator, for services rendered in the defence of Mary Hartung, who was indicted for murder. It appears from the papers, that on the 21st day of September, 1858, on motion of Samuel Gr. Courtney, Esq., then district attorney of Albany county, an order was entered at the oyer and terminer held in and for said county, assigning the relator attorney and counsel for the prisoner. The relator applied to the court to be excused from such service, which was denied. From that time,…
1Opinion of the CourtIngalls, J.
The claim of the relator is just, and should be audited and paid, if it is a legal charge against the county of Albany. A mandamus issues only where there is a clear legal right (The People agt. The Supervisors of Chenango county, 11 N. Y. R. 563, 574).
The Revised Statutes (5th ed. vol. 1, p. 848, § 2), provide as follows : “ The board of supervisors of each county in this state shall have power at their annual meeting, or at any other meeting, 1st. To make such orders concerning the corporate property of the county as they may deem expedient. 2. To examine, settle and allow all accounts…
2Cases cited3 opinions
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- People ex rel. Ayres v. Board of SupervisorsNew York Supreme Court · 1852
- Cramer v. FitzsimmonsNew York Supreme Court · 1834
3Cited by11 opinions
- Betts v. BradySupreme Court of the United States · 1942
- People v. WitenskiNew York Court of Appeals · 1965
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
- Menin v. MeninNew York Supreme Court · 1974
- State ex rel. Johnson v. SmithSupreme Court of Minnesota · 1901
6 more not listed; retrieve them via the Exa API.