Avery & Lathrop v. Slack
New York Supreme Court
Costs in suits by town and county officers. The plaintiffs brought a suit in a justice’s court against the defendant to recover the penalty prescribed by statute, for selling spirituous liquors without license. In the suit, they described themselves as “ Sidney Avery and Lewis Lathrop, overseers of the poor of the town of Sherburne.”
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Costs in suits by town and county officers. The plaintiffs brought a suit in a justice’s court against the defendant to recover the penalty prescribed by statute, for selling spirituous liquors without license. In the suit, they described themselves as “ Sidney Avery and Lewis Lathrop, overseers of the poor of the town of Sherburne.” In the justice’s court, they recovered judgment against the defendant, who sued out a certiorari, and the Chenango common pleas reversed the justice’s judgment, and on error to this court, the judgment of the C. P. was affirmed. The defendant thereupon perfected…
1Opinion of the Court
By the Court,
Cowen, J.
The enquiry is, whether the judgment be within the statute, 2 R. S. 389, 390, § 111, 2d ed., forbidding executions against officers, on judgments for costs recovered against them in suits which they have brought in their official capacities.
The penalty in question could be sued for by the overseers only, 1 R. S. 680, $ 19, 2d ed., and another statute is peremptory that they shall sue for it. Id. 638, § 72. They must declare as overseers of the town where the offence was committed. Id. 680, § 19. This must appear as a part of their title, for they alone are legitimate…
2Cases cited1 opinion
- Overseers of the Poor of Milan v. SupervisorsNew York Supreme Court · 1835
3Cited by9 opinions
- People v. HagarCalifornia Supreme Court · 1877
- Bridwell v. Gate City Terminal Co.Supreme Court of Georgia · 1907
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- Thayer v. LewisNew York Supreme Court · 1847
- Nance v. People ex rel. SheedySupreme Court of Colorado · 1898
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