Legal Opinion

Andrews v. Pierson

Appellate Division of the Supreme Court of the State of New York

Decided July 28, 1916PublishedCited by 1 opinion

Appeal "by the defendant, Frank E. Pierson, as president, and others, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of "Westchester on the 30th day of March, 1916, upon the decision of the court after a trial at the Westchester Special Term.

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Appeal "by the defendant, Frank E. Pierson, as president, and others, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of "Westchester on the 30th day of March, 1916, upon the decision of the court after a trial at the Westchester Special Term. The judgment enjoined the defendants, the president and town trustees of the village of Tarrytown from paying to the defendant William B. Moorhouse, police justice, any salary in excess of $660 per annum, and it further restrained said police justice from collecting any greater sum during…

1Opinion of the Court

Putnam, J.:

This is a taxpayer’s action under Code of Civil Procedure, section 1925, to test the legality of the resolution of the trustees of the village of Tarrytown on January 4, 1916, by which they voted to increase the salary of defendant William B. Moor-house, as village police justice. Mr. Moorhouse had been elected on March 16, 1915, to take office on January first following, for a term of four years. His official oath was filed on March 22, and on December 21,1915,. he filed the required bond. Under a resolution of the village trustees which bad been passed December 12, 1911, the…

2Cases cited3 opinions

  1. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  2. Lowry v. City of LexingtonCourt of Appeals of Kentucky · 1902
  3. People ex rel. Luyster v. CocksAppellate Division of the Supreme Court of the State of New York · 1916

3Cited by1 opinion

  1. Bass v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1929

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