Montgomery v. Odell
New York Supreme Court
Appeal from special term, Broome county. Action by Jackson Montgomery, as sole overseer of the poor of the town of Spencer, on the relation of Seymour Seeley and Horace A. Hugg, against Marcellas C. Odell. From an order denying a motion for an order directing the county treasurer of Tioga county to pay to the attorney for the defendant herein, from the said money so deposited with him, the sum of $164.34, defendant appeals.
1Opinion of the CourtHardin, P. J.
This action was brought by an officer in his-official capacity, and no execution can be issued upon a judgment recovered against him in his official capacity. Section 1931, Code-Civil Proc. Such a judgment as has been entered in this action may be collected of the town for which the plaintiff, as overseer, acts. Thayer v. Lewis, 4 Denio, 273; Avery v. Slack, 19 Wend. 50; People v. Board of Sup’rs, 12 How. Pr. 50. . The money deposited with the county treasurer was placed there by the informers. They are .not plaintiffs in the action. No judgment has been rendered against them. The money…
Also in this document: Concurrence.
2Cases cited3 opinions
- Thayer v. LewisNew York Supreme Court · 1847
- Avery & Lathrop v. SlackNew York Supreme Court · 1837
- People ex rel. Allaben v. Board of SupervisorsNew York Supreme Court · 1856