People ex rel. Green v. Wood
New York Supreme Court
Appeal from an order granting a peremptory mandamus. On the 25th of July, 1859, the mayor and commissioners of health adopted a resolution directing the city inspector to exe- . cute a contract with the relator for the removal of dead horses, offal, &c., &c., from the streets and from the slaughter-houses, and other places, in the city of Blew York, at a stipulated price of $750 per month.
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Appeal from an order granting a peremptory mandamus. On the 25th of July, 1859, the mayor and commissioners of health adopted a resolution directing the city inspector to exe- . cute a contract with the relator for the removal of dead horses, offal, &c., &c., from the streets and from the slaughter-houses, and other places, in the city of Blew York, at a stipulated price of $750 per month. On the 28th of July, 1859, an agreement, in writing, was signed by the city inspector and the relator. On the 7th of September, 1859, a further resolution was adopted by the mayor and commissioners of…
1Opinion of the Court
By the Court.— Mullin, J.
—It seems to me quite clear that the contracts between the relator and the board of health, for the removal of offal, &c., from the streets of the city, under which the relator claims relief in this proceeding, are valid and binding on the city.
Being valid, if the relator has performed the labor agreed to be performed by him under and pursuant to the contracts alluded to, there can be no doubt but that he may maintain an action against the city, to recover the compensation to which he is entitled.
When a party has a remedy by action, he cannot have a mandamus.
The…
2Cases cited1 opinion
- People ex rel. Reynolds v. FlaggNew York Supreme Court · 1853
3Cited by1 opinion
- Mackay v. LewisNew York Court of Appeals · 1878