New York Court of Appeals
The People, Ex Rel. Fiedler v. Mead
December 5, 186124 N.Y. 114
Summary
The Court reversed the Supreme Court's peremptory mandamus judgment and ordered a new trial because the relator failed to prove that the statutory requirement of two‑thirds taxpayer assent was satisfied. The Court affirmed that mandamus is the proper remedy where the statutory payment scheme has been carried out, but without proof of compliance the bonds are invalid and the writ cannot be issued.