# People ex rel. Barrows v. Board of Supervisors

> New York Supreme Court · July 3, 1862 · 23 How. Pr. 395

URL: https://www.frixlaw.com/law-library/cases/5469467

## Case

- **Full name:** The People ex rel. Thomas Barrows and another agt. The Board of Supervisors of Monroe County
- **Court:** New York Supreme Court
- **Decided:** July 3, 1862
- **Citations:** 23 How. Pr. 395; 1862 N.Y. Misc. LEXIS 203
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Smith
- **Judges:** Smith
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5469467

## Opinion text

James C. Smith, Justice.
I overrule the demurrer in this case, on the ground that the relators have not presented their claim to the board of supervisors, to be audited by them, as required by the provisions of chapter 83, Laws 1861, p. 158.
In view of the obvious design of that act, to prevent protracted sessions of the boards of supervisors, I think that its provisions apply to all claims, whatever their form, *396 which are required by law to be presented to the boards to be audited by them.
There is no doubt but that the claim of the relators is of that nature, notwithstanding it may be clearly a legal charge upon the county, (a point which I do not decide,) and the supervisors may have no discretion as to its amount. (1 R. S., 386, § 3, sub. 15; id., § 4; 20 Barb., 294 ; 23 Barb., 338 ; 1 Seld., 67.)
Judgment for defendants, with costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5469467. Public record. Not legal advice.