In re Purdy
Appellate Division of the Supreme Court of the State of New York
Appeal by Wilbur Hynard, one of the inhabitants and protectors of the rights and interests of school district No. 6, town of Somers, Westchester county, from an order of the county-judge of Westchester county, entered in the office- of the clerk of the county of Westchester on the 18th day of November, 1899, upon the ground that the county judge of the county of Westchester and the said County Court had no jurisdiction in the above-entitled matter.
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Appeal by Wilbur Hynard, one of the inhabitants and protectors of the rights and interests of school district No. 6, town of Somers, Westchester county, from an order of the county-judge of Westchester county, entered in the office- of the clerk of the county of Westchester on the 18th day of November, 1899, upon the ground that the county judge of the county of Westchester and the said County Court had no jurisdiction in the above-entitled matter. The proceeding was instituted under chapter 556 of the Laws of 1894, and the order appealed from allowed the claim of Theodore Purdy against…
1Opinion of the Court
Woodward, J.:
The respondent, in March, 1889, was a trustee of school district No. 6 of the town of Somers, Westchester county. He was duly authorized by a special school meeting to rebuild a fence around the school yard. In October of that year he constructed the fence. Subsequently one Mary Wheelan brought an action against the respondent and one Leonard Curry, to recover a part of the land inclosed by said fence, which action resulted in a judgment in favor of the plaintiff, including costs, for $109.12," which judgment was paid by the respondent on the 10th day of April, 1893. On the 29th…
2Cases cited1 opinion
- People Ex Rel. Wallace v. . AbbottNew York Court of Appeals · 1887
3Cited by1 opinion
- Austin v. Board of Trustees of School District No. 5New York Supreme Court · 1910