City of Mount Vernon v. . Brett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to fix the amount due the plaintiff upon a bond given by John H. Brett, as principal, and his sureties, five in number, to secure the faithful discharge by him of the duties of his office as receiver of taxes and assessments of the city of Mount Vernon; to establish the same as a lien upon certain real property belonging to the obligors…
1Opinion of the CourtVann, J.
The city of Mount Vernon was incorporated on the 22nd of March, 1892, by chapter 182 of the laws passed in that year. By section fifteen it is provided that every person elected or appointed to any office before entering upon the same shall take the oath of office prescribed by the Constitution, and that “ every person so elected or appointed who neglects,- for fifteen days after his election or appointment, to give the bond or security required by law, or by the common council under this act, or to take and file said oath of office, shall be deemed to have declined the office, and it shall…
2Cases cited1 opinion
- City of Mount Vernon v. KenlonAppellate Division of the Supreme Court of the State of New York · 1904
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- Cook v. Superior CourtCalifornia Court of Appeal · 1936
- Southern Surety Co. v. United States Cast Iron Pipe & Foundry Co.Court of Appeals for the Eighth Circuit · 1926
- Scaccia Concrete Corp. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Clark Plastering Co. v. Seaboard Surety Co.Appellate Division of the Supreme Court of the State of New York · 1932
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