Legal Opinion

People ex rel. Board of Health v. Supervisors of Dutchess

New York Supreme Court

Decided April 15, 1833PublishedCited by 17 opinions

Motion for a mandamus. The board of health of Poughkeepsie, in November, 1832, presented to the supervisors of the county of Dutchess a bill of expense incurred by them in the execution of the act for the preservation of the public health, passed in reference to the Asiatic cholera, on the 22d June, 1832, and requested that the same might be levied, collected and paid in like manner as other county charges are levied, collected and paid.

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Motion for a mandamus. The board of health of Poughkeepsie, in November, 1832, presented to the supervisors of the county of Dutchess a bill of expense incurred by them in the execution of the act for the preservation of the public health, passed in reference to the Asiatic cholera, on the 22d June, 1832, and requested that the same might be levied, collected and paid in like manner as other county charges are levied, collected and paid. Among the items of the bill of expenses so incurred was a charge for the compensation of the health officer of the board, which was audited and allowed at…

1Opinion of the Court

By the Court,

Sutherland, J.

The revised statutes authorize the board of supervisors of each county to examine, settle, and allow all accounts chargeable against such county. 1 R. S. 367, § 4, sub, 2. This seems necessarily to imply the exercise of judgment and discretion in settling and allowing, and to involve the right to reject, if sufficient reasons for allowing are not in their opinion presented. The act of 1832, for the preservation of the public health, Laws of 1832, p. 581, § 5, sub. 3, authorizes the several boards of health which may be organized under it, to prescribe the duties and…

2Cited by17 opinions

  1. Coxe v. . StateNew York Court of Appeals · 1895
  2. Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
  4. People Ex Rel. Outwater v. . GreenNew York Court of Appeals · 1874
  5. Boyce v. Board of SupervisorsNew York Supreme Court · 1855

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