Legal Opinion

Daly v. Haight

Appellate Division of the Supreme Court of the State of New York

Decided June 12, 1914PublishedCited by 3 opinions

Appeal by the defendants, Joseph Haight and others, from orders of the Supreme Court, made at the Westchester Special Term, and entered in the office of the clerk of the county of Westchester on the 9th day of February, 1914, overruling their demurrers to the amended complaint.

1Opinion of the Court

Burr, J.:

This action is brought under the Taxpayers’ Acts (Gen. Mun. Law [Consol. Laws, chap. 24; Laws of 1909, chap. 29], § 51; Code Civ. Proc. § 1925) against Joseph Haight, as supervisor of the town of Rye; Clement Archer, Peter H. Spader and James D. Halstead, as "the board of town auditors of said town. Defendant Haight demurred upon the ground that there was a defect of parties defendant in that certain persons named in said complaint in the portions thereof designated as a second and third cause of action respectively, and who were alleged to be persons to whom, aftei-audit by the town…

2Cases cited6 opinions

  1. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  2. Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
  3. Rogers v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1902
  4. Wallace v. . JonesNew York Court of Appeals · 1905
  5. Wallace v. JonesAppellate Division of the Supreme Court of the State of New York · 1902

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3Cited by3 opinions

  1. Heydeman v. County of RocklandNew York Supreme Court · 1954
  2. Reidy v. City of SyracuseNew York Supreme Court · 1937
  3. Greenberg v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1958

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