Hicks v. Cocks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James H. Cocks and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Nassau on the 8th day of January, 1915, as resettled by an order entered in said clerk’s office on the 4th day of February, 1915, denying their motion for judgment on the pleadings and overruling their demurrer to the amended complaint.
1Per curiam
The complaint is by a taxpayer against the individuals who were respectively town supervisor and superintendent of highways of Oyster Bay. In separate causes of action it charges illegal payments by the supervisor upon alleged unlawfully issued warrants by the superintendent of highways. The relief asked is that the defendants may he adjudged to restore the moneys to the town of Oyster Bay, and that the town have judgment for such amounts.
One ground of demurrer is, that the town of Oyster Bay is a necessary party. The statutes authorizing such taxpayer’s action (Code Civ. Proc. § 1925; Gen.…
2Cases cited2 opinions
- Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
- Annis v. McNultyNew York Supreme Court · 1906
3Cited by2 opinions
- Marjohn Realty Co. v. City of Long BeachNew York Supreme Court · 1924
- McBride v. AshleyNew York Supreme Court · 1915