People Ex Rel. Wallace v. . Abbott
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 1, 1887, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to defendants, as trustees of school district Yo. 6, of the town of Gravesend, commanding them forthwith to pay to the petitioner or his attorney the costs included in a judgment obtained against them by the petitioner in an action brought by him to recover his…
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 1, 1887, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to defendants, as trustees of school district Yo. 6, of the town of Gravesend, commanding them forthwith to pay to the petitioner or his attorney the costs included in a judgment obtained against them by the petitioner in an action brought by him to recover his salary, as a teacher, under a contract between him and said trustees, also costs on appeal from the judgment. The facts,…
1Opinion of the CourtAndrews, J.
The relator has mistaken his remedy. A -judgment for costs recovered against the trustees of a school district in their official character binds the trustees individually, and may be collected by execution out -of their individual property. (Code Civ. Pro. §§ 1927, 1929, 1931.) It was the same under the Bevised Statutes (2 R. S. 476, § 108.) It is not a judgment against the school .-district, but it may, under some circumstances, constitute a district charge, to be paid by a tax on the district. The subject is now regulated by the statute (Chap. 555 of the Laws of 1864, Tit. 13, §§ 6-11.) It…
2Cited by8 opinions
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
- Beck v. KeekAppellate Division of the Supreme Court of the State of New York · 1903
- In re PurdyAppellate Division of the Supreme Court of the State of New York · 1900
- The Wells-Stone Mercantile Co. v. GroverNorth Dakota Supreme Court · 1898
- Beck v. KerrAppellate Division of the Supreme Court of the State of New York · 1903
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