Board of Health v. Valentine
New York Supreme Court
Appeal from circuit court, Westchester county. Action by the board of health of the village of Hew Rochelle against' Eugenie Valentine to recover a penalty imposed by plaintiff for non-complionce with its regulations, and failing to abate a nuisance. The nuisance complained of was charged to exist by reason of waste water and fecal matter being allowed to run from premises owned by defendant into the streets of plaintiff, which premises were in possession of third parties.
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Appeal from circuit court, Westchester county. Action by the board of health of the village of Hew Rochelle against' Eugenie Valentine to recover a penalty imposed by plaintiff for non-complionce with its regulations, and failing to abate a nuisance. The nuisance complained of was charged to exist by reason of waste water and fecal matter being allowed to run from premises owned by defendant into the streets of plaintiff, which premises were in possession of third parties. Plaintiff was organized under Laws H. Y. 1885, c. 270. The complaint was dismissed on the ground that there was no party…
1Opinion of the CourtPratt, J.
If the defendant intended to challenge the right of the board to sue in its corporate name, he should have demurred, but, waiving that, we think the action was well brought. The principal object of having a proper party'plaintiff is to prevent the possibility of the defendant having to answer twice for the same cause of action. The statute under which this action was instituted provides that the penalty “ may be sued for and recovered with costs by said board in the name of such board, in any court having competent jurisdiction.” It seems too plain for argument that this action was well…
2Cases cited4 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Owings v. JonesCourt of Appeals of Maryland · 1856
- Moody v. Mayor of New YorkNew York Supreme Court · 1865
- Board of Health v. CaseyNew York Supreme Court · 1888
3Cited by1 opinion
- State Board of Pharmacy v. BellingerAppellate Division of the Supreme Court of the State of New York · 1910