Boyce v. Board of Supervisors
New York Supreme Court
THIS was an action by the plaintiff to recover compensation for his services as a physician, in the year 1853. The complaint alleged that on or about the 1st of April, 1853, a board of health was duly appointed and organized in and for the city of Auburn, pursuant to chapter 324 of the laws of 1850 ; that during the summer and fall of 1853, the small pox was prevalent in the city, and the plaintiff, being a physician, was employed and directed by the said board of health to…
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THIS was an action by the plaintiff to recover compensation for his services as a physician, in the year 1853. The complaint alleged that on or about the 1st of April, 1853, a board of health was duly appointed and organized in and for the city of Auburn, pursuant to chapter 324 of the laws of 1850 ; that during the summer and fall of 1853, the small pox was prevalent in the city, and the plaintiff, being a physician, was employed and directed by the said board of health to attend upon the sick and give them the necessary medical advice and attendance ; that the plaintiff did so, and that his…
1Opinion of the Court
By the Court, T. R. Strong, J.
Assuming, without deciding, that no discretion is vested in the board of supervisors in relation to the account of the plaintiff, and that a clear legal duty rests upon them to cause to be levied, collected and paid, the whole amount of the account as a county charge, which they refuse to perform, I am satisfied that the law does not allowr to the plaintiff a remedy by action ; and that his only remedy is by an application to the court, for a mandamus, to compel the supervisors to perform that duty. The board of supervisors are not a corporation; and as such a…
2Cases cited5 opinions
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- People ex rel. Board of Health v. Supervisors of DutchessNew York Supreme Court · 1833
- People ex rel. Ayres v. Board of SupervisorsNew York Supreme Court · 1852
3Cited by9 opinions
- City of Greencastle v. AllenIndiana Supreme Court · 1873
- Chase v. County of SaratogaNew York Supreme Court · 1861
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1861
- Township of Marathon v. Township of OregonMichigan Supreme Court · 1860
- Erhard v. Kings CountyNew York Supreme Court · 1895
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