People Ex Rel. Myers v. . Barnes
New York Court of Appeals
Appeal from, judgmenf of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 1, 1887, which overruled the relator’s exceptions, affirmed a judgment entered upon an order dismissing the complaint and the application for a writ of mandamus. The nature of the proceeding and the facts' are sufficiently stated in the opinion.
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Appeal from, judgmenf of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 1, 1887, which overruled the relator’s exceptions, affirmed a judgment entered upon an order dismissing the complaint and the application for a writ of mandamus. The nature of the proceeding and the facts' are sufficiently stated in the opinion. The board cannot avoid the performance of its duty of auditing and certifying claims by deciding erroneously that they were not legal town charges. (People v. Bd. of Supervisors, 11 Hun, 306; 73 N. Y. 173; Laws of 1840,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The issue arose upon an answer to an alternative writ ofmandamus requiring the respondents, as the board of town auditors, to audit three claims in favor of the relator against said town and to certify the same to the board of supervisors of the county.
These claims are for the costs awarded in a judgment against the relator in an…
2Cases cited3 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
3Cited by71 opinions
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Culross v. . GibbonsNew York Court of Appeals · 1892
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
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