Legal Opinion

People Ex Rel. Van Tassel v. Board of Supervisors

New York Court of Appeals

Decided November 21, 1876PublishedCited by 7 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department reversing an order of Special Term granting a writ of peremptory mandamus requiring defendant to convene and allow the account of relator, as sheriff and jailer of the county of Columbia, for receiving, discharging and boarding certain prisoners. (Reported below 8 Hun, 275.) The facts are sufficiently set forth in the opinion.

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Appeal from order of the General Term of the Supreme Court in the third judicial department reversing an order of Special Term granting a writ of peremptory mandamus requiring defendant to convene and allow the account of relator, as sheriff and jailer of the county of Columbia, for receiving, discharging and boarding certain prisoners. (Reported below 8 Hun, 275.) The facts are sufficiently set forth in the opinion. The charges of relator were proper and legal charges against the county. (3 R. S. [Banks’ 5th ed.], 1050, 1051, § 22 [m. p.] 752, 1062; Crocker on Sheriffs, 418, 419; 2 R. S.…

1Opinion of the Court

Church, Ch. J.

This was an application for a mandamus to compel the board of supervisors of Columbia county to provide for the payment of the relator’s account as sheriff and jailer of the county. The contest relates to the sum of $2,548.75, which is made up of items for receiving into and discharging from the jail 523 prisoners, and for the board of the same. The offences were for misdemeanors and violation of city ordinances, and all the commitments were by officers of the city of Hudson, and the offences were committed in that city. The board of supervisors decided that this account was a…

2Cited by7 opinions

  1. People Ex Rel. McGrath v. Board of SupervisorsNew York Court of Appeals · 1890
  2. People ex rel. McGrath v. Board of SupervisorsNew York Supreme Court · 1889
  3. Ross v. Board of SupervisorsNew York Supreme Court · 1885
  4. St. Agnes Training School for Girls v. County of Erie and The City of BuffaloNew York Supreme Court · 1910
  5. St. Agnes Training School for Girls v. County of Erie and The City of BuffaloNew York Supreme Court · 1910

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