New York Court of Appeals

The People, Ex Rel . Edwin Smith v. . Azariah C. Flagg.

June 5, 185817 N.Y. 584

Summary

The Court of Appeals reversed the lower court’s grant of mandamus ordering the city comptroller to draw a warrant for $1,250 and denied the mandamus. It held that the surveyor’s professional services were not “work” subject to the charter’s lowest‑bidder requirement, that the comptroller could not be compelled to draw a warrant until the claim was audited, and that the council could not exceed the statutory per‑diem allowance.