Majority
p. 890General Term, Fourth Department. Filed November, 1893. The People of the State of New York ex rel. The American Road Machine Company v. The Town Board of Auditors of the Town of Floyd, Oneida County, N. Y.
Headnote
Certiorari to review the disallowance by the town board of auditors of the claim of relator for a road machine had by the commissioners of that town.O. J). Prescott, for relator; Evans & Kneeland, for def’ts.
There was no action of the town board which authorized the purchase of the machines as appears from the return; therefore the relator is not entitled to the relief claimed. The action of the town board confirmed with $50 costs and disbursements.
Martin and Merwin, JJ., concur.