People Ex Rel. Lawrence v. Board of Supervisors of the County of Westchester
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term directing the issuing of a writ of peremptory mandamus.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term directing the issuing of a writ of peremptory mandamus. (Reported below, 11 Hun, 306.) The relator made application for the writ as a taxpayer of the county of Westchester, upon affidavits which stated in substance, that the State tax, levied in said county for the ;year 1875, was $337,002.52; that the county treasurer ■charged for his fees one per cent on 'all of said sum ; that he retained $2,000 and charged to the county $1,370.02, which was allowed to him by…
1Opinion of the CourtFolger, J.
The affidavits before us in this case differ in their statements of facts. In such case, if the relator takes no issue upon the allegations of the affidavit of the defendants, and proceeds to argument, and asks for a peremptory writ, that is equivalent to a demurrer ; it admits the truth of those allegations as statements of fact, but denies their sufficiency in law to prevent the issuing of the writ. (People ex rel. v. The B’d of App’t, 64 N. Y., 604.) The affidavit furnished by the defendants shows that they allowed the county treasurer one per centum upon the sum of $266,857.38, less…
2Cases cited1 opinion
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
3Cited by23 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- In Re Smith v. . Board of SupervisorsNew York Court of Appeals · 1896
- People ex rel. Ajas v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894
18 more not listed; retrieve them via the Exa API.