Foot v. . Stiles
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon an order nonsuiting plaintiff upon trial at circuit. This action was for trespass in entering upon the plaintiff’s land, removing fences, and for disturbing him in the enjoyment of his land.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment entered upon an order nonsuiting plaintiff upon trial at circuit. This action was for trespass in entering upon the plaintiff’s land, removing fences, and for disturbing him in the enjoyment of his land. The answer set forth that, at the time of the alleged trespass, the premises were one of the public highways in the town of Martinsburgh, that the plaintiff had wrongfully and willfully obstructed the same; that the defendant Bassett was one of the overseers of the highway of…
1Opinion of the Court
Dwight, C.
The objection that the failure of Stiles to file his official bond caused the acts of the commissioners to be nugatory and void, is untenable. He must be vested with the office in order to file the official bond or take the official oath. The two acts are coupled together in the statute. Its language is: “ If any person shall execute any of the duties or functions of any office without having taken and subscribed the oath of office, or without having executed and filed in the proper office any bond required by law, he shall forfeit the office to which he may have been elected or…
2Cases cited8 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Sprowl v. LawrenceSupreme Court of Alabama · 1859
- Weeks v. EllisNew York Supreme Court · 1848
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Matter of RyersNew York Court of Appeals · 1878
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- Wilcox v. Supreme Council of Royal ArcanumNew York Court of Appeals · 1914
- State ex rel. Berge v. LansingNebraska Supreme Court · 1895
- State v. Board of Public WorksSupreme Court of New Jersey · 1894
36 more not listed; retrieve them via the Exa API.