Legal Opinion
Ellsworth, Barrows & Co. v. Ward
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 1938PublishedCited by 11 opinions
1Opinion of the CourtCrosby, J.
The appellants’ brief speaks of this as an appeal from a peremptory order of mandamus. Orders of mandamus were abolished by chapter 526 of the Laws of 1937, in effect September 1, 1937. This proceeding was commenced by a petition dated September 20, 1937.
The petition alleges that petitioner performed certain services for the town of Annsville, pursuant to employment by the town board, for which services the town of Annsville, by its town board, agreed to pay a stipulated amount. These allegations are all flatly denied by appellants, both in their answer and in affidavits. Appellants say they…
2Cases cited5 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
- Williams v. PyrkeAppellate Division of the Supreme Court of the State of New York · 1931
- National Surety Co. v. WallaceAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by11 opinions
- Schulman v. Louis Dejonge & Co.Appellate Division of the Supreme Court of the State of New York · 1945
- County of Nassau v. HeineAppellate Division of the Supreme Court of the State of New York · 1981
- Flower City Nursing Home, Inc. v. ReedAppellate Division of the Supreme Court of the State of New York · 1976
- Kane v. WalshNew York Supreme Court · 1944
- Froslid v. HultsNew York Supreme Court · 1964
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