Van Horn v. Kittitas County
New York Supreme Court
Motion by defendant to vacate an attachment and also to vacate and set aside the levy which has been made under the warrant of attachment herein.
1Opinion of the CourtBeekman, J.
The defendant is, by the statutes of the State of its domicile, a public corporation, capable of suing and of being sued. It rests with the State to determine what the powers and liabilities of a county shall be, and, in the case at bar, having authorized the defendant to make contracts and to incur indebtedness, the faculty of being prosecuted in courts of justice for .the enforcement of its obligations was a natural and proper accompaniment of the rights conferred upon it. But the objection is made that while the defendant is capable of being sued, it can be impleaded only in actions…
2Cases cited2 opinions
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Rogers Locomotive & MacHine Works v. KelleyNew York Court of Appeals · 1882
3Cited by12 opinions
- Noyes v. First National Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Merritt-Chapman & Scott Corporation v. Public Utility District No. 2 of Grant County, WashingtonCourt of Appeals for the Second Circuit · 1963
- Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
- Harman v. City of Ft. LauderdaleNew York Supreme Court · 1929
- Wulff v. Roseville Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
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