People ex rel. Govers v. Village of New Rochelle
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 11th day of February, 1897, directed to The Village of New Rochelle and William H. Matthews and others, constituting the board of health of New Rochelle, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings in relation to ■ the construction of a drain by the board of health and the auditing of the expense thereof and the levying of an…
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Certiorari issued out of the Supreme Court and attested on the 11th day of February, 1897, directed to The Village of New Rochelle and William H. Matthews and others, constituting the board of health of New Rochelle, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular their proceedings in relation to ■ the construction of a drain by the board of health and the auditing of the expense thereof and the levying of an assessment upon the taxable property of the village for the purpose of raising money, to pay for the drain.
1Opinion of the Court
Goodrich, P.J.:
The village of New Rochelle is a municipal corporation organized by a special act of the Legislature, and the other defendants *604constitute the board of health of the village, pursuant to chapter 661, Laws of 1893, known as the Public Health Law.
In June, 1896, a complaint was .made, to the board of health that a nuisance existed upon the lands of one O’Connor and of one Kendall, resulting from the . emptyings of an old drain. After ■ investigation the- board of health ordered thé suppression and removal of the nuisance, and directed Mehrer, one of its members, . to abate it, and…
2Cases cited4 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
3Cited by1 opinion
- People ex rel. Hamm v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1899