Overseers of the Poor of Clayton v. Beedle
New York Supreme Court
An action was brought in the common pleas of Jefferson county, by the present plaintiffs in error, as overseers of the poor of the town of Clayton, to recover penalties for the violation of the excise law, (1 R. S. 677,) and judgment was rendered in that court in December, 1846, for the defendant, and against the plaintiffs, for costs.
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An action was brought in the common pleas of Jefferson county, by the present plaintiffs in error, as overseers of the poor of the town of Clayton, to recover penalties for the violation of the excise law, (1 R. S. 677,) and judgment was rendered in that court in December, 1846, for the defendant, and against the plaintiffs, for costs. In January, 1847, the plaintiffs sued out a writ of error, removing the judgment to the supreme court; and in February thereafter Plumb and another were elected overseers of the poor of the town of Clayton, in place of the present plaintiffs in error; after…
1Opinion of the CourtAllen, J.
It is provided by 2 R. S.474, § 100, that “ no suit commenced by, or against, any officers named in this article, shall be abated or discontinued by the death of such officers, their removal from, or resignation of, their offices, or the expiration of their term of office ; but the court in which any such action shall be pending shall substitute the names of the successors in such office, upon the application of such successors or of the adverse party? Overseers of the poor are among the officers named in the article, and if the section quoted is applicable to a writ of error, then the…
2Cases cited1 opinion
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
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