Legal Opinion

Village of Warren v. Philips

New York Supreme Court

Decided February 13, 1860PublishedCited by 2 opinions

APPEAL from a judgment rendered at a special term, overruling a demurrer to the complaint. The complaint alleged that the plaintiffs were a corporation under the general statutes of the state of Hew York, for the incorporation of villages, passed in the year 1847; that at an election for officers of said village of Warren, held in said village, in March, 1857, the defendant John Philips was duly elected collector for said village; and afterwards, for the purpose of renewing…

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APPEAL from a judgment rendered at a special term, overruling a demurrer to the complaint. The complaint alleged that the plaintiffs were a corporation under the general statutes of the state of Hew York, for the incorporation of villages, passed in the year 1847; that at an election for officers of said village of Warren, held in said village, in March, 1857, the defendant John Philips was duly elected collector for said village; and afterwards, for the purpose of renewing his warrant for the collection of taxes of said village, the said Philips, and the defendants, Samson Marks, jun. and…

1Opinion of the Court

By the Court, Lott, P. J.

The complaint in this action, after alleging that the plaintiffs are a corporation under the general act for the incorporation of villages, and that the defendant Philips was, in 1857, duly elected collector of the village, avers that he with the two other defendants as his sureties, for the purpose of renewing his warrant for the collection of taxes therein, executed and delivered to the said village a bond, of which a copy is set forth; that the said bond was approved by the trustees of the village at a subsequent meeting of the trustees, by a resolution entered in…

2Cases cited3 opinions

  1. Skellinger v. YendesNew York Supreme Court · 1834
  2. Dutton v. KelseyNew York Supreme Court · 1829
  3. People v. Holmes & CaswellNew York Supreme Court · 1829

3Cited by2 opinions

  1. People ex rel. Meakim v. EckmanNew York Supreme Court · 1892
  2. People v. McKaneNew York Supreme Court · 1894

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