People Ex Rel. Gardenier v. Board of Supervisors
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order made February 4, 1890, which reversed a judgment in favor of plaintiff, sustaining a demurrer to an alternative writ of mandamus and directed that a peremptory writ issue. It appeared that John II.
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Appeal from judgment of the General Term of the Supreme Oourt, in the third judicial department, entered upon an order made February 4, 1890, which reversed a judgment in favor of plaintiff, sustaining a demurrer to an alternative writ of mandamus and directed that a peremptory writ issue. It appeared that John II. W. Cadby, who was indicted in Columbia county in April, 1886, for the offense of forgery, had before then fled from the county to the dominion of Canada; that the relator, who was district attorney of that county, having learned that Cadby was at Hamilton, in the province of…
1Opinion of the CourtBradley, J.
The matters stated in the alternative writ, so far as they purport to be of fact, must, for the purpose of this review, he taken as true. The question is whether or not his official relation to Columbia county of district attorney enabled the relator legitimately to charge the county with expenses incurred and paid by him in the dominion of Canada in the proceedings taken there, with a view to extradition of the person who had committed an extraditable ■offense in such county and fled to that dominion. The expenses in question were for that purpose wholly incurred prior to the time of making…
2Cases cited3 opinions
- United States v. RauscherSupreme Court of the United States · 1886
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- The People Ex Rel. Barlow v. . CurtisNew York Court of Appeals · 1872
3Cited by34 opinions
- People Ex Rel. Rand v. . CraigNew York Court of Appeals · 1921
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
- People v. VlastoCriminal Court of the City of New York · 1974
- People ex rel. Hamilton v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1898
- Coleman v. LeeNew York Supreme Court · 1956
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