People Ex Rel. Welch v. . Nash
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial departnent, affirming an order of Special Term denying an application on the part of relator for a writ of mandamus.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial departnent, affirming an order of Special Term denying an application on the part of relator for a writ of mandamus. The board of supervisors of Cattaraugus county, at its annual session in November, 1873, passed a resolution authorizing relator, who was then county clerk, to re-index all the recorded mortgages and miscellaneous records in his office upon a new plan, at a specified compensation. The relator’s term of office expired on December 31st, 1873, and defendant succeeded him in the office. The relator,…
1Opinion of the CourtRapallo, J.
The order in this case should be affirmed, for the reason, not only that the mandamus applied for would be an unlawful interference with the custody of the books and records vested by law in the county clerk (1 R. S., 375, § 52), but that the subject of indexing such books is regulated by the statute (Laws of 1843, chap. 199), which prescribes the manner in which the indices shall be made, devolves the duty of making them upon the county clerk, and provides for his compensation for so doing. The board of supervisors had no power to change the method of indexing prescribed by statute, nor to…
2Cited by5 opinions
- Smith v. LampingWashington Supreme Court · 1902
- Wadsworth v. . Bd. of SupervisorsNew York Court of Appeals · 1916
- Reilly v. Board of County CommissionersIdaho Supreme Court · 1916
- Wadsworth v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1910
- Wile v. . WilsonNew York Court of Appeals · 1883