Newell v. People Ex Rel. Phelps

Whit of Error to the Supreme Court, sitting in the third district, where a peremptory mandamus had been awarded against the plaintiff in error. This was a suit commenced by mandamus, on the relation of Erastus R Phelps against George W. Newell, auditor of the canal department, to compel him to draw his warrant upon the state treasurer for the amount of an award by the canal commissioners in favor of the relator, under a contract for the enlargement of the Erie canal. The sole question considered on this appeal was, as to the constitutionality of the act of 1851. * 10 1 *^ question arose under…