Wells v. . Town of Salina
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, wdiich affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at circuit vdthout a jury.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 2, 1888, wdiich affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at circuit vdthout a jury. In the year 1870 the town of Salina, under chapter 570 of the Lavrs of 1868, issued its bonds to the amount of $120,000, payable twenty years thereafter, with interest at seven per cent, payable on the first days of August and February of each year. By the terms of section 4 of the act of 1868, the railroad commissioner of the town, an…
1Opinion of the CourtEakl, J.
The action commenced by Aivord and Pitcher, if successful, would necessarily have inured to the benefit of the town and all its taxpayers, and we will, therefore, assume that the electors of the town at the town meetings in 1881 and 1882 had the power to direct the supervisor, with the consent of the plaintiffs in that action, to assume the control, direction •and prosecution thereof on behalf of the town, and that that action may, therefore, be treated as if it had been actually commenced in the name of the town or its supervisor. We will also assume that the electors at the town meetings…
2Cases cited13 opinions
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- Mayor v. RaySupreme Court of the United States · 1874
- Stetson v. KemptonMassachusetts Supreme Judicial Court · 1816
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
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3Cited by59 opinions
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- People v. GrantNew York Court of Appeals · 1954
- Knarston v. Manhattan Life InsuranceCalifornia Supreme Court · 1903
- Town of Amherst v. County of ErieNew York Court of Appeals · 1933
- Dowling v. Board of AssessorsMassachusetts Supreme Judicial Court · 1929
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