Legal Opinion

People, Ex Rel. Evans v. . Chapin

New York Court of Appeals

Decided March 9, 1886PublishedCited by 11 opinions

This was an appeal from an order of General Term affirming an order of Special Term, which awarded a writ of peremptory mandamus, requiring the State comptroller to draw his warrant upon the State treasurer for the amount of moneys paid into the treasury by the administrator of the estate of Patrick Fox, deceased.

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This was an appeal from an order of General Term affirming an order of Special Term, which awarded a writ of peremptory mandamus, requiring the State comptroller to draw his warrant upon the State treasurer for the amount of moneys paid into the treasury by the administrator of the estate of Patrick Fox, deceased. The persons entitled to the moneys being unknown, the surrogate required them to be paid into the treasury, in pursuance of section 2747 of the Code of Civil Procedure. Upon, petition of the relator claiming to be entitled to the fund and upon report of a referee to whom the matter…

1Opinion of the Court

Agree to affirm on the ground that money paid into the State treasury, pursuant to section 2747 of the Code of Civil Procedure, is not money of the State or money belonging to any of its funds, or any of the funds under its management, within the meaning of section 8, article 7 of the State Constitution, and is not, therefore, subject to the prohibition of that section.

All concur ; no opinion.

Order affirmed.

2Cited by11 opinions

  1. Anderson v. ReganNew York Court of Appeals · 1981
  2. Gorham Mfg. Co. v. TravisDistrict Court, S.D. New York · 1921
  3. Saratoga Harness Racing Ass'n v. Agriculture & New York State Horse Breeding Development FundNew York Court of Appeals · 1968
  4. Brooklyn Borough Gas Co. v. Bennett, New York County Courts1935
  5. In re PeopleNew York Supreme Court · 1918

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