People Ex Rel. Atkinson v. . Tompkins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term directing the issue of a writ of peremptory mandamus to defendant, as supervisor of the town of Cornwall, Orange county, directing him to borrow, on the credit of the town, the sum of $3,500 to build and repair certain roads therein, and to execute certain bonds for that purpose.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term directing the issue of a writ of peremptory mandamus to defendant, as supervisor of the town of Cornwall, Orange county, directing him to borrow, on the credit of the town, the sum of $3,500 to build and repair certain roads therein, and to execute certain bonds for that purpose. (Reported below, 6 Hun, 299.) On the 24th September, 1874, in pursuance of section one, of chapter 855, Laws of 1869, as amended by chapter 260, Laws of 1874, the town officers of said town…
1Opinion of the CourtMiller, J.
This appeal involves the construction to be placed upon the first and second sections of chapter 855, of the Laws of 1869 as amended by chapter 260 of the Laws of 1874, which several acts relate to the extension of the powers of boards of supervisors, except in the counties of Hew York and Kings. It is evident upon a careful perusal of the sections referred to, that the intention of the Legislature was to provide for two classes of cases, and each one distinct and separate from the other. By the first section the board of supervisors are vested" with power to authorize the supervisor of any…
2Cited by2 opinions
- People Ex Rel. Burroughs v. . BrinkerhoffNew York Court of Appeals · 1877
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897