Howe v. Foley

This is an application for an order fco pay money; out' of court in the above-entitled action. In some aspects it may be 1 regarded as an application for a mandamus order against the State . *601Comptroller and the Department of Taxation and Finance, as successor of the obligations of the office of State Treasurer, in so far as it seeks an order for payment beyond the amount actually on hand to the credit of the action.

The fund in question was paid into court in a partition action by order of January 31, 1889. This order directed the payment to the treasurer of Rensselaer county of $1,335.97, “…