New York Court of Appeals
The People Ex Rel. Armstead C. Henry and Others, Commissioners v. James Nostrand, Supervisor…
November 10, 187146 N.Y. 375
Summary
The Court reversed the order directing a peremptory writ of mandamus, holding that the relators were not legally entitled to the tax monies because the vacancy of a commissioner barred the remaining commissioners from acting. The Court also affirmed that a mandamus may be issued when its mandatory part is described with reasonable certainty, even if it differs from the order to show cause.