Colegrove v. Breed
New York Supreme Court
Error to the Chenango C. P. Colegrove sued Breed and the other defendants in error before a justice of the peace and declared against them as the trustees of school district No. 10 in the town of Lincklaen, for the services of- his son as a teacher of the common school in that district. The defendants pleaded the general issue and the cause was adjourned to a future daat the instance of the defendants.
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Error to the Chenango C. P. Colegrove sued Breed and the other defendants in error before a justice of the peace and declared against them as the trustees of school district No. 10 in the town of Lincklaen, for the services of- his son as a teacher of the common school in that district. The defendants pleaded the general issue and the cause was adjourned to a future daat the instance of the defendants. On the adjourned day the parties appeared and the defendants' moved the justice to dismiss the suit on the ground that since the adjournment their office of trustees- had expired, that the…
1Opinion of the Court
By the Court, Beardsley, J.
The justice erred in dia missing the cause and rendering judgment against the plaintiff on the ground that the official term of the defendants had expired, and other persons had been chosen in their stead. Upon this the statute is direct, for it declares that “ no suit commenced by or against any officers named in this article” (and trustees of school districts are of the number) “ shall be abated or discontinued by the death of such officers, their removal from, or resignation of their offices, or the expiration of their term .of office; but the court in which any…
2Cited by6 opinions
- Hegewisch v. . SilverNew York Court of Appeals · 1893
- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
- Board of Excise of Ont. Co. v. . GarlinghouseNew York Court of Appeals · 1871
- Manchester & Hull v. HerringtonNew York Court of Appeals · 1854
- Mott v. CoddingtonThe Superior Court of New York City · 1863
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