Bentley v. Phelps
New York Supreme Court
APPEAL from a judgment of the county court of Ontario county, reversing the judgment of a justice. The action was commenced before the justice, by the commissioners of highways of the town of Bristol, to recover the penalty given by statute, for the defendant’s neglect of duty as an overseer of highways.
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APPEAL from a judgment of the county court of Ontario county, reversing the judgment of a justice. The action was commenced before the justice, by the commissioners of highways of the town of Bristol, to recover the penalty given by statute, for the defendant’s neglect of duty as an overseer of highways. On the trial, it was stipulated by and between the attorneys for the respective parties that the following facts should be received and read as evidence, viz: That the plaintiffs were the commissioners of highways in Bristol; that the defendant was chosen overseer of highways in road district…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
In the stipulation, signed by the attorneys for the parties in this action, it is admitted that the defendant was duly chosen overseer of highways for road district bio. 31, of the town of Bristol, at the annual town meeting held April 4th, 1854; that he was not present at said town meeting; that the town clerk never gave him any notice of his election, and that he never filed any notice of his acceptance of said office, in the office of the town clerk of said town. Before the defendant could lawfully enter upon the duties of the office it was essential that…
2Cases cited6 opinions
- Green v. BurkeNew York Supreme Court · 1840
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
- Greenleaf v. LowNew York Supreme Court · 1847
- Wood v. PeakeNew York Supreme Court · 1811
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3Cited by3 opinions
- Olmsted v. . DennisNew York Court of Appeals · 1879
- Douglass v. State ex rel. WrightIndiana Supreme Court · 1869
- Samis v. KingSupreme Court of Connecticut · 1873