Hess v. Jeannes
New York Marine Court
Motion by the corporation counsel to set aside judgment.
1Opinion of the CourtMcAdam, J.
The record shows that this action was not commenced by the plaintiffs, through the official law officer of the city government, but by W. H. Mhndy, as the attorney of one Rillings, a common informer, who asserted, as his authority, that portion of the act of 1857 (chap. 638, § 30) which permits informers on certain conditions to prosecute for excise penalties in the names'of the overseers of the poor. Rillings was, upon motion, made by the defendant, required to give security for costs, upon the ground that he had assumed the position of a person authorized by statute to sue (Code, § 3371; 63…
2Cases cited2 opinions
- Board of Commissioners of Excise of Delaware County v. SackriderNew York Court of Appeals · 1866
- Aikman v. HarsellNew York Supreme Court · 1880