People ex rel. Slater v. Smith
New York Supreme Court
Appeal from special term, Monroe county. Application by John Slater for writ of mandamus to Jacob Smith, Herbert D. Rowley, Jarvis M. Truesdale, Owen Rigney, Henry Burrows, and Alonzo P. Britton, composing the town board of the town of Greece, requiring defendants to audit and allow relator’s claim against said town.
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Appeal from special term, Monroe county. Application by John Slater for writ of mandamus to Jacob Smith, Herbert D. Rowley, Jarvis M. Truesdale, Owen Rigney, Henry Burrows, and Alonzo P. Britton, composing the town board of the town of Greece, requiring defendants to audit and allow relator’s claim against said town. Prom a final order (after verdict at circuit, on issues of fact arising on alternative writ and return thereto) directing a peremptory writ of mandamus to issue, defendants appeal.
1Opinion of the CourtBradley, J.
The relator was commissioner of highways of the town of Greece, county of Monroe, in the year 1891 and until March, 1893. On April 25, 1891, he appeared before the board of town auditors, and called its attention to the condition of what was known .as the “Little Pond Bridge” and another bridge in the town; and thereupon the board passed the following resolutions:
“Resolved, that the commissioner of highways (John Slater) of the town •of Greece is hereby authorized to repair the bridges .that may have gone •down since the annual town meeting, to the best of his judgment.”
“Resolved, that it is…
2Cases cited9 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- People Ex Rel. Hammond v. . LeonardNew York Court of Appeals · 1878
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3Cited by6 opinions
- People ex rel. Hamm v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1899
- Edwards v. FordAppellate Division of the Supreme Court of the State of New York · 1897
- Livingston v. StaffordAppellate Division of the Supreme Court of the State of New York · 1904
- Born v. SchrenkeisenThe Superior Court of New York City · 1885
- Edwards v. FordAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.