Board of Commissioners of Public Charities & Correction v. Casiatir
New York Marine Court
William H. Munday, as attorney for E. M. Rillings, commenced this action under section 30 of chapter 628 of the Laws of 1857, as amended, to recover the sum of fifty dollars, and charged that the plaintiff had, after notice to them that the defendant had violated the law, neglected or refused to sue for the penalty, and that thereby a right of action had accrued to said Rillings. The defendant asked that the plaintiffs, by said relator, be required to give security for costs.
1Opinion of the CourtMcAdam, J.
— The commissioners of charities and corrections, as overseers of the poor, are intrusted with an office that requires discretion, and a trust that is to be exercised for the public good. When they bring suit in the exercise of their *114powers, it is under the sanction of their oath of office, and every presumption of good faith attends the proceeding, and hence they are, in such cases, exempt from costs. But where a volunteer impugns the acts of sworn officials and brings actions in their names, founded on an allegation of their neglect of official duty, the most he can claim is that he is “ a…
2Cases cited1 opinion
- Board of Commissioners of Excise v. PurdyNew York Supreme Court · 1862