King v. Village of Randolph
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Randolph, from an order of the Supreme Court, made at the Cattaraugus Special Term and entered in the office of the clerk of the county of Cattaraugus on the 17th day of November, 1897, as amended by an order made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 13th day of December, 1897, denying the defendant’s motion for an order directing that the record herein be corrected by…
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Appeal by the defendant, The Village of Randolph, from an order of the Supreme Court, made at the Cattaraugus Special Term and entered in the office of the clerk of the county of Cattaraugus on the 17th day of November, 1897, as amended by an order made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 13th day of December, 1897, denying the defendant’s motion for an order directing that the record herein be corrected by striking from the judgment entered in the action the award of $181.26 adjudged to the plaintiff herein .as costs and…
1Opinion of the Court
Green, J.:
It is provided by section 3245 of the. Code of Civil Procedure that “ costs cannot be awarded to the plaintiff in an action against a municipal corporation in which the complaint demands a judgment for a sum of money only, unless the claim upon which the action is founded was, before the commencement of the action, presented for payment to the chief fiscal officer of the corporation.” In the disposal of this appeal, therefore, the sole question to be decided is, whether the plaintiff fulfilled this requirement of the statute by presenting an unverified account .to the treasurer of…
2Cases cited5 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Rouse v. MooreNew York Supreme Court · 1820
- Fleming v. . Village of Suspension BridgeNew York Court of Appeals · 1883
- Grant v. FancherNew York Supreme Court · 1826
3Cited by1 opinion
- Brewster v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1898