Legal Opinion

Bridges v. . B'd Supervisors of Sullivan Co.

New York Court of Appeals

Decided June 5, 1883PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May- 2, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May- 2, 1882, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 27 Hun, 175.) This action was brought by plaintiff, as supervisor' of the town of Liberty, in the county of Sullivan, to recover, in behalf of thé town, the county taxes assessed upon the property of and collected from the Hew York and Oswego Midland Railroad Company, during the years 1874 to 1878…

1Opinion of the Court

Ruger, Ch. J.

This action was properly brought in the name of the supervisor of the town. Section 92 of article 4, title 4, chapter 8 of the third part of Revised Statutes expressly gives a right of action to the supervisors of towns for any injuries done to the property or rights of such officers or of the bodies.represented by them. This right of action was continued in such officers by section 1926 of the Code of Civil Procedure upon the repeal of the provisions of the Revised' Statutes. The action having been commenced prior to the adoption of the Code, the existing legal rights of the…

2Cases cited4 opinions

  1. Almy v. HarrisNew York Supreme Court · 1809
  2. People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873
  3. Hathaway v. . Town of CincinnatusNew York Court of Appeals · 1875
  4. Hill v. . Board of Supervisors of Livingston Co.New York Court of Appeals · 1854

3Cited by28 opinions

  1. County of Albany v. . HookerNew York Court of Appeals · 1912
  2. City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917
  3. Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
  4. Matter of Clark v. . SheldonNew York Court of Appeals · 1887
  5. First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887

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