Legal Opinion

Richardson v. Brooklyn City & Newtown Railroad

New York Supreme Court

Decided February 15, 1862PublishedCited by 6 opinions

This action was brought to recover $381 and interest, money paid to the president of the company under protest and by coercion. The summons and complaint were served on the 4th of January, 1862, and on the 6th a notice of appearance was served on the attorney for the plaintiff, by James S. Sluyter, Esq.

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This action was brought to recover $381 and interest, money paid to the president of the company under protest and by coercion. The summons and complaint were served on the 4th of January, 1862, and on the 6th a notice of appearance was served on the attorney for the plaintiff, by James S. Sluyter, Esq. On the 8th day of January aforesaid, said Sluyter served a copy of an affidavit of merits, in another suit, in which he informed the attorney for the plaintiff that he resided in Jersey city, in the state of New Jersey. The next day, the attorney for the plaintiff returned said copy affidavit…

1Opinion of the Court

Emott, Justice.

Attorneys are, undoubtedly, in a certain sense, public officers. (Merritt agt. Lambert, 10 Paige, 352, S. C., in Court of Errors, 2 Denio, 607.) But they are not within the statute, (1 R. S., 122, § 36,) which provides, among other things, that every office shall become vacant by the incumbent ceasing to be an inhabitant of the state. That statute is applicable to offices filled by election or by appointment by the governor, and is intended not only to declare what shall constitute vacancies in such offices, but to provide for filling them. It is manifestly inapplicable to the…

2Cases cited2 opinions

  1. Merritt v. LambertNew York Court of Chancery · 1843
  2. Wallis v. LoubatNew York Supreme Court · 1845

3Cited by6 opinions

  1. Schoenefeld v. SchneidermanCourt of Appeals for the Second Circuit · 2016
  2. North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1919
  3. Ex parte LawDistrict Court, S.D. Georgia · 1866
  4. In re the Estate of FordanNew York Surrogate's Court · 1956
  5. Schoenefeld v. SchneidermanCourt of Appeals for the Second Circuit · 2016

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