Town of Watervliet v. Town of Colonie
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Action by the town of Watervliet against the town of Colonie. A motion made by defendant for an order discontinuing the action, and enjoining the plaintiff’s attorney from its further prosecution, upon the ground that the town of Watervliet had ceased to exist, and that there are no persons or parties by whom or for whom it can be revived, was denied.
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Appeal from special term, Albany county. Action by the town of Watervliet against the town of Colonie. A motion made by defendant for an order discontinuing the action, and enjoining the plaintiff’s attorney from its further prosecution, upon the ground that the town of Watervliet had ceased to exist, and that there are no persons or parties by whom or for whom it can be revived, was denied. Defendant also moved that, in case the action be not discontinued as above asked for, the town of Green Island and the city of Watervliet, and each of them, he made parties defendant. This part of the…
1Opinion of the CourtLandon, J.
This action was brought by the former town of Watervliet against the town of Colonie to enforce a settlement of the assets and liabilities belonging to or devolving upon each town at the time Colonie was set off from Watervliet. Since that division, what was then left of the town of Watervliet has been again divided, and one part of it erected into the town of Green Island, and the city of Watervliet also erected out of the whole or greater part of the remainder. The question upon which this appeal depends is not whether the plaintiff has a capacity to sue, but whether the plaintiff exists.…
2Cases cited6 opinions
- National Bank v. ColbySupreme Court of the United States · 1875
- Matter of Gertum v. . Board of SupervisorsNew York Court of Appeals · 1888
- Hepworth v. Union Ferry Co.New York Supreme Court · 1891
- People v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1887
- People ex rel. Grogan v. GlassAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by2 opinions
- Adler v. JenkinsSupreme Court of Oklahoma · 1912
- Wells v. BusheNew York Supreme Court · 1909