Legal Opinion

Olp v. Leddick

New York Supreme Court

Decided April 16, 1891Published

Appeal from special term, Livingston county. Action by Joseph P. Olp and others against William H. Leddick and another, overseers of the poor of the town of Mt. Morris, and Maurice Cassidy. Plaintiffs appeal from a judgment for defendants entered on the dismissal of the complaint on trial by the court without a jury. Laws IT. Y. 1881, c. 531, § 1, as amended by Laws IT.

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Appeal from special term, Livingston county. Action by Joseph P. Olp and others against William H. Leddick and another, overseers of the poor of the town of Mt. Morris, and Maurice Cassidy. Plaintiffs appeal from a judgment for defendants entered on the dismissal of the complaint on trial by the court without a jury. Laws IT. Y. 1881, c. 531, § 1, as amended by Laws IT. Y. 1887, c. 673, provides: “All officers, agents, commissioners, and other persons acting, or who have acted, for or on behalf of any county, town, village, pr municipal corporation in this state, and each and every one of…

1Opinion of the CourtMacomber, J.

The plaintiffs bring this action under chapter 531 of the Laws of 1881, as amended by chapter 673 of the Lawd of 1887, commonly spoken of as the “Tax-Payers’ Act,” for the purpose of restraining the settlement by the defendants Leddick and Kelsall, who are overseers of the poor of the town of Mt. Morris, of certain actions pending against the defendant Cassidy and others, to recover penalties in actions brought for violation of the excise laws of the state. Prom May 3, 1887, to the 15th. day of March, 1888, the defendant Cassidy was a bar-tender in a saloon in the village of Mt. Morris, and…

2Cases cited4 opinions

  1. Ayers v. . LawrenceNew York Court of Appeals · 1874
  2. People Ex Rel. Hammond v. . LeonardNew York Court of Appeals · 1878
  3. Bellinger v. BirgeNew York Supreme Court · 1889
  4. Bellinger v. BirgeNew York Supreme Court · 1889

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