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1 Cow. 205

Ex parte Dow

New York Supreme Court

Decided August 15, 1823

New York Supreme Court · decided 1823-08-15

S. Beardsley, moved for a mandamus to the Supervisors of Erie, commanding them to audit and allow Mr. Dozo’s account and disbursements, for medical attendance; upon Ellis and Davis, two paupers, haying no residence in this -it , c state. 1 hese expenses were incurred under an order ot a single Justice, made pursuant to the 25th section of the act for the relief and settlement of the poor, (1 R. L. 287-8.) And the objection was, that no previous adjudication by two justices…

Cited by 2 later decisions (1 by the Supreme Court) — most recently July 1868

1 district ·

Good law ✅— No negative treatment on recordhow we know

Decided 1823-08-15

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Curia.

¶1In this case, the Overseer was applied to for relief, by certain paupers, not belonging to, nor settled in any town of this state. He, together with the Justice, makes the inquiry directed by the act. and an order is made, under which the expenses here sought to be reimbursed, were'incurred, and have been paid. The ground taken by the Supervisors, was, that there should have been a previous adjudication of two Justices, upon the question of settlement. This was not necessary. The statute commits this matter to a single Justice and Overseer. The Court will go so far as to intend that all the requisite steps, preliminary to the order, were taken. Here they are recited. The question raised by the board is substantially decided in Adams v. The Supervisors of Columbia, (8 John. Rep. 323.)

¶2Motion granted..

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