People v. . Sutherland
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 22, 1912, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 22, 1912, affirming a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. A board of supervisors has no power to audit or allow an illegal charge against the county, whether or not there also be legal charges contained in the same claim or bill, and any attempt to audit is void and of no effect and may be attacked directly or collaterally. (People ex rel. Merritt v.…
1Opinion of the CourtWillard Bartlett, J.
This action is brought by the Attorney-General, pursuant to section 1969 of the Code of Civil Procedure, to recover public moneys alleged to have been illegally paid to the defendant as county clerk of the county of Westchester in the years 1902 to 1907 inclusive. (People v. Wood, 121 N. Y. 522.) There was no allegation of fraud or collusion, and the case was treated as an action founded upon an implied contract to repay money unlawfully received, the issues being duly referred to a referee to hear and determine.
The complaint alleges that during the incumbency of the defendant in the office…
2Cases cited5 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- People v. . WoodNew York Court of Appeals · 1890
- Bank of Staten Island v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Bank of Staten Island v. . City of New YorkNew York Court of Appeals · 1903
- Walsh v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by26 opinions
- New York City Employees' Retirement System v. EliotNew York Court of Appeals · 1935
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- People v. . Journal Co.New York Court of Appeals · 1914
- Smith v. . HedgesNew York Court of Appeals · 1918
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
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