Legal Opinion
Moose v. Town Board of Health
New York Supreme Court
Decided September 15, 1921Published
Demurrer to mandamus.
1Opinion of the CourtThompson, J.
The relator asks the court to mandamus the respondent board of health to remove a *460nuisance which he alleges exists on his premises in the town of Sparta.
It seems relator permitted his farm tenant to store a quantity of potatoes in the cellar of his dwelling house; that the tenant afterward orally agreed with one Perry to sell him the potatoes, and that Perry came to the premises, and sorted, weighed and placed them in bags which he furnished.
It also appears that relator was to receive one-half of the proceeds upon the sale of the potatoes. The buyer refused to take the potatoes or to remove…
2Cases cited9 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Keene v. Board of SupervisorsNew York Court of Appeals · 1894
- Conhocton Stone R. v. . B., N.Y. E.R.R. Co.New York Court of Appeals · 1873
- People ex rel. Burns v. PainterAppellate Division of the Supreme Court of the State of New York · 1908
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