People Ex Rel. Farley v. . Winkler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1911, which reversed upon the law; an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to audit a claim of ■ the relator for services, and denied said motion. The facts, so far as material, are stated in the opinion. The Appellate Division erred in reversing the order granting the writ of mandamus.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1911, which reversed upon the law; an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendants to audit a claim of ■ the relator for services, and denied said motion. The facts, so far as material, are stated in the opinion. The Appellate Division erred in reversing the order granting the writ of mandamus. (Holroyd v. Town of Indian Lake, 180 N. Y. 318; Swift v. Mayor, etc., 83 N. Y. 528; Davidson v. Vil. of White Plains, 197 N.…
1Opinion of the CourtWerner, J.
The relator, a supervising civil engineer, was retained in that capacity by the respondents as water commissioners of district No. 1 in the town of Harrison in the county of Westchester, to superintend and inspect the construction of a water system in the district mentioned. The relator served for a time as such engineer, and had been paid the larger part of his stipulated compensation, when a dispute arose between him and the commissioners, as the result of which he resigned, and they refused or at least neglected to pay him the balance which he claimed to he due him for such services.…
2Cases cited4 opinions
- Holroyd v. . Town of Indian LakeNew York Court of Appeals · 1905
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
- Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
- Davidson v. . Village of White PlainsNew York Court of Appeals · 1910
3Cited by11 opinions
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
- Kenwell v. LeeNew York Court of Appeals · 1933
- People v. StollNew York Court of Appeals · 1926
- Salmon v. Rochester & Lake Ontario Water Co.New York Supreme Court · 1923
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