Lattin v. Town of Oyster Bay
New York Supreme Court
Motion for a new trial on a dismissal of the complaint for not stating facts sufficient to constitute a cause of action. Action by a constable of the town of Oyster Bay in Nassau county against the said town to recover the amount of certain statutory fees for the arrest of persons charged with crime, conveying them to and from jail, the service of legal process, etc., which are a town charge by statute. ' "
1Opinion of the CourtGaynor, J.
From the beginning in this state towns have been deemed to be primarily political divisions of the state for the purposes of state government, as shown by the framework and scheme of state government and administration sketched by the state constitution. It followed that- as such they could not be sued any more than the state itself, for sovereignty cannot be sued in its courts without its consent. At the same time, however, they have always been “ corporate bodies ” for certain limited purposes, being so named by statute, and made capable of suing and being sued in certain specified eases…
2Cases cited20 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- Martin v. . Supervisors of Greene Co.New York Court of Appeals · 1864
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3Cited by5 opinions
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
- Vincent v. County of NassauNew York Supreme Court · 1904
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903