People v. Sutherland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, ■ The People of the State of New York, from a judgment of the Supreme Court in favor of ■ the defendant, entered in the office of the clerk of the county of Westchester on the 15th day of September, 1910, upon the report of a referee appointed to hear, try and determine the issues, dismissing the complaint upon the merits.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment dismissing the plaintiff’s complaint in an action brought under the provisions of section 1969 of the Code of Civil Procedure to recover money alleged to have been wrongfully received and retained by the defendant as county clerk of the county of Westchester. Each of the. 103 items sought to be recovered was contained in one of 58 different bills presented at different times to the board of supervisors by defendant; each of the bills .was audited and paid after investigation, and each of the bills contained items conceded to have been proper legal…
2Cases cited5 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- People v. . WoodNew York Court of Appeals · 1890
- People Ex Rel. Board of Supervisors v. Common CouncilNew York Court of Appeals · 1886
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- In re Union Bank of BrooklynNew York Supreme Court · 1916