Town of Watervliet v. Town of Colonie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Town of Colonie, and by the City of Watervliet, brought in as a defendant by order of the court, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on- the 19th day of October, 1S97, denying a motion made by the defendant for an order discontinuing the action and enjoining the plaintiff’s attorney from its further prosecution,.upon the ground that the town of…
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Appeal by the defendant, the Town of Colonie, and by the City of Watervliet, brought in as a defendant by order of the court, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on- the 19th day of October, 1S97, denying a motion made by the defendant for an order discontinuing the action and enjoining the plaintiff’s attorney from its further prosecution,.upon the ground that the town of Watervliet had ceased to exist, and that there are no. persons or parties by whom or for whom the action can be revived. The…
1Opinion of the Court
Landon, J.:
This action was brought by the former town of Watervliet against the town of Colonie to enforce a settlement of the assets and liabilities belonging to or devolving upon each town at the time Colonie was set off from Watervliet. Since that division what was then left *396of the town of Watervliet has been again divided, and. one part of it erected into the town of Oreen Island, and the city of Watervliet also erected out of the whole or the greater part of the remainder. The question upon which this appeal depends is not whether the plaintiff has a capacity to sue, but whether the…
2Cases cited6 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- McCulloch v. . NorwoodNew York Court of Appeals · 1874
- Matter of Gertum v. . Board of SupervisorsNew York Court of Appeals · 1888
- Hepworth v. Union Ferry Co.New York Supreme Court · 1891
- People ex rel. Grogan v. GlassAppellate Division of the Supreme Court of the State of New York · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Adler v. JenkinsSupreme Court of Oklahoma · 1912
- Wells v. BusheNew York Supreme Court · 1909