Matter of Freel
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 26, 1895, which affirmed an order of Special Term directing the issuance of a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. The duty placed upon the comptroller, the performance of which is sought to be compelled in this matter, is in its nature judicial and requires the exercise of judgment, and discretion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 26, 1895, which affirmed an order of Special Term directing the issuance of a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. The duty placed upon the comptroller, the performance of which is sought to be compelled in this matter, is in its nature judicial and requires the exercise of judgment, and discretion. The court, therefore, had no power to direct the appellant to approve the claims in question. (People ex rel. v. Common Council, 78 N. Y. 33;…
1Opinion of the CourtMartin, J.
This is an appeal by the comptroller of the city of Brooklyn from an order made by the General Term of the second department affirming an order of the Special Term, which directed that a peremptory mandamus issue requiring the comptroller to approve of the relator’s claim and to make and sign a warrant for its payment.
On the 16th of December, 1889, an agreement was entered into between the city of Brooklyn and the relator by the provisions of which the latter was to furnish certain specified materials and perform certain designated labor, for which he was to receive the compensation provided…
2Cases cited1 opinion
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
3Cited by22 opinions
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- People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
- People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- People Ex Rel. Desiderio v. . ConollyNew York Court of Appeals · 1924
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