Hicks v. Eggleston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Lorin J. Eggleston, chairman, and others, members, composing the board of supervisors of the county of Dutchess, and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 3d day of October, 1904,. Upon the decision of the court, rendered after a trial at the Orange Special Term, overruling the defendants’ demurrer to the plaintiff’s complaint.
1Opinion of the Court
Woodward, J.:
The plaintiff, a taxpayer, brings this action under the provisions of chapter 301 of the Laws of 1892 to prevent the payment of certain alleged illegal claims of the sheriff of Dutchess county, and the defendants demur to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The learned court at Special Term has overruled the demurrer, and in this we are of opinion that there is no error.
Both the board of supervisors, who audited the bills, and the sheriff are made parties defendant, and the bills having been audited and paid, it is…
2Cases cited2 opinions
- People Ex Rel. Trustees of Jamaica v. Board of SupervisorsNew York Court of Appeals · 1892
- Warrin v. . BaldwinNew York Court of Appeals · 1887
3Cited by7 opinions
- Paliotto v. Town of IslipNew York Supreme Court · 1962
- Barile v. City Comptroller of UticaNew York Supreme Court · 1968
- Blanshard v. City of New YorkNew York Supreme Court · 1931
- Holton v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1935
- Eagle Nest Corp. v. CarrollNew York Supreme Court · 1942
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