New York Court of Appeals

The People Ex Rel. Abel S. Myers, Appellant v. John Barnes, as the Board of Town Auditors of the Town of…

March 19, 1889114 N.Y. 317

Summary

The Court affirmed the lower court's dismissal of the mandamus action, holding that the board of town auditors' prior audit and rejection of the relator's claims is conclusive until reversed on certiorari, that the claims are legal town charges, and that mandamus cannot compel the board to re‑audit. The decision rests on the final‑judgment rule and the statutory grant of authority to the board.