Thompson v. Smith
New York Supreme Court
Error to the Franklin C. P. Thompson and the other plaintiffs in error, as superintendents of the poor, sued Smith, the late supervisor of the town of Chateaugay, before a justice of the peace for a penalty of $50 for an alleged violation of the statute which requires the commissioners of excise, of which the supervisor is one, to pay over all monies received by them for licenses to the county treasurer.
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Error to the Franklin C. P. Thompson and the other plaintiffs in error, as superintendents of the poor, sued Smith, the late supervisor of the town of Chateaugay, before a justice of the peace for a penalty of $50 for an alleged violation of the statute which requires the commissioners of excise, of which the supervisor is one, to pay over all monies received by them for licenses to the county treasurer. The provision is limited to those counties in which “the supervisors shall have determined to abolish the distinction between town and county poorand a penalty of $50 is imposed upon any…
1Opinion of the Court
By the Court, Beardsley,. J.
The distinction between county and town poor is not abolished by the mere passage of a resolution to that effect by the board of supervisors. This is but one step in the progress of the work, to the completion of which another is equally requisite. The statute authorizing the board of supervisors to determine to make this change, declares that “ upon their filing such determination, duly certified by the clerk of the board, with the county clerk, the said poor shall be maintained and the expense thereof defrayed in the manner prescribed in the preceding section…
2Cited by2 opinions
- Baldwin v. McArthurNew York Supreme Court · 1854
- Town of Greece v. VickAppellate Division of the Supreme Court of the State of New York · 1908