Legal Opinion
Isereau v. Stone
New York Supreme Court
Decided March 5, 1955PublishedCited by 5 opinions
1Opinion of the CourtHudson, J.
This is a motion by the defendants for an order dismissing the complaint on the ground that it appears upon the face thereof that it does not state facts sufficient to constitute a cause of action.
The action was instituted against Albert E. Stone, individually and as Sheriff of Onondaga County, and the County of Onondaga. Both defendants are represented by the County Attorney of Onondaga County.
Section 5 of article IX of the Constitution of the State of New York provides: “ But the county shall never be made responsible for the acts of the sheriff.”
The Sheriff and his deputies are one and the…
2Cases cited3 opinions
- Broschart v. City of New YorkCity of New York Municipal Court · 1938
- Thomas v. County of OntarioNew York Supreme Court · 1946
- Broschart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938
3Cited by5 opinions
- Shore v. Town of StoningtonSupreme Court of Connecticut · 1982
- Isereau v. StoneNew York Supreme Court · 1955
- Mentillo v. County of CayugaNew York Supreme Court · 1956
- Shore v. Town of StoningtonSupreme Court of Connecticut · 1982
- Whitaker v. Estate of MurphyHenrico County Circuit Court · 1982