Legal Opinion

B'd Sup'rs of Seneca v. . Allen

New York Court of Appeals

Decided October 6, 1885PublishedCited by 12 opinions

Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made May 30,1884, which denied a motion for a new trial and directed -judgment on an order dismissing plaintiffs complaint on trial.

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Appeal from, judgment of the General Term of the Supreme Court, in the fourth judicial department, in favor of defendants, entered upon an order made May 30,1884, which denied a motion for a new trial and directed -judgment on an order dismissing plaintiffs complaint on trial. This action was brought upon the official bond given by defendant Allen, as county treasurer of Seneca county, to recover certain commissions on State taxes which had been received by said treasurer and not paid over or accounted for. The .General Term Was in error in holding that the compensation of the county…

1Opinion of the CourtRapallo, J.

The act of 1875 (Chap. 605), and that of 1879 (Chap. 213), construed together, clearly indicate an intention to limit the compensation of the county treasurers of Monroe and Seneca counties to the salaries authorized by the sixth section of the act of 1875, and to take from them the percentages to which they were formerly entitled on State as well as on other funds.

The sixth section, of the act of 1875 provides that such treasurers, whether elected or appointed, shall receive for their services as such treasurer's an annual salary to be fixed by the board of supervisors, and that they shall…

2Cases cited2 opinions

  1. Kerrigan v. . ForceNew York Court of Appeals · 1877
  2. Ross v. . CurtissNew York Court of Appeals · 1864

3Cited by12 opinions

  1. Ensign v. . BarseNew York Court of Appeals · 1887
  2. Shipp v. RodesCourt of Appeals of Kentucky · 1922
  3. Sage v. FinneyMissouri Court of Appeals · 1911
  4. In re Dewar's EstateMontana Supreme Court · 1891
  5. Roberts v. DancerSupreme Court of Georgia · 1915

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