Wallace v. . Jones
New York Court of Appeals
Appeal from a judgment, entered March 19, 1904, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a cause of action. (Potter’s Dwarris on Statutes, 184, note 6; Waller v. Harris, 20 Wend. 561; Penfold v. U. L. Ins.
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Appeal from a judgment, entered March 19, 1904, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states a cause of action. (Potter’s Dwarris on Statutes, 184, note 6; Waller v. Harris, 20 Wend. 561; Penfold v. U. L. Ins. Co., 85 N. Y. 317; Matter of Town of Hempstead, 36 App. Div. 321.) The contention that the defendants in auditing the bills were acting in a…
1Opinion of the Court
Cullen, Ch. J.
The action is brought by a taxpayer of the county of Nassau against three defendants, who composed the board of supervisors of said county, to recover from them the amount of certain items in the several bills of said defendants for alleged services, mileage and disbursements as supervisors, which it is alleged were illegally and collusively audited by said board. The complaint purports to set forth three causes of action; the first for the sums illegally paid to one defendant; the second for the sums paid to another defendant, and the third for the sums paid to the last…
2Cases cited3 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Cleveland v. BarrowsNew York Supreme Court · 1871
3Cited by6 opinions
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
- Steele v. . Village of Glen ParkNew York Court of Appeals · 1908
- Wallace v. JonesAppellate Division of the Supreme Court of the State of New York · 1907
- State Bank of Paden v. LanamSupreme Court of Oklahoma · 1912
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1914
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