Marsh v. Shute
Court for the Trial of Impeachments and Correction of Errors
Error to the Schenectady common pleas. Marsh and the other plaintiffs in error, as trustees of school district No. 8 in Duanesburgh, on the 25th October, 1841, sued the defendants in error, who were late trustees of that district, in debt for a penalty of $25, alléged to have been incurred for neglecting to render an account of the school moneys in their hands pursuant to 1 R. S. 486, A 98, 99, 100, 101. The defendants pleaded the general issue, and the causé was tried by a…
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Error to the Schenectady common pleas. Marsh and the other plaintiffs in error, as trustees of school district No. 8 in Duanesburgh, on the 25th October, 1841, sued the defendants in error, who were late trustees of that district, in debt for a penalty of $25, alléged to have been incurred for neglecting to render an account of the school moneys in their hands pursuant to 1 R. S. 486, A 98, 99, 100, 101. The defendants pleaded the general issue, and the causé was tried by a jury. It was proved that the plaintiffs were chosen trustees at a special district meeting held on the 20th of October,…
1Opinion of the Court
By the Court, Beardsley, J.
The justice rendered judgment in this case against three persons for a penalty of twenty-five dollars. This, I think, the statute- does not authorize. The section is in these words: “ Every trustee who shall refuse or neglect to render such .account, or to pay over any balance so found in his hands, shall, for each offence, forfeit the sum of twenty-five dollars.” (1 R. S. 486, § 100.) This plainly contemplates a several penalty upon each and every trustee who shall so refuse or neglect to perform his duty, and not a penalty upon all jointly,- who may be in default.…
2Cited by1 opinion
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