Adams v. Town of Wheatfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Adams, from a judgment*of the Supreitie Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 3d day of August, 1898,, upon the report of a referee dismissing the complaint upon the-merits. ■ The plaintiff acted as constable for the defendant from June, 1896, to April 13, 1897. From February 24, 1897, to- April thirteenth of the same year he rendered and performed services tas' constable in criminal…
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Appeal by the plaintiff, James Adams, from a judgment*of the Supreitie Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 3d day of August, 1898,, upon the report of a referee dismissing the complaint upon the-merits. ■ The plaintiff acted as constable for the defendant from June, 1896, to April 13, 1897. From February 24, 1897, to- April thirteenth of the same year he rendered and performed services tas' constable in criminal cases of the value as claimed by him of $394.50, according to the fees and, compensation as fixed by law. This account…
1Opinion of the Court
Smith, J.:
Upon the appeal by the taxpayers from the audit of plaintiff’s claim by the town board, the supervisors were required to audit anew his account. The statute provides that “ Such part of such accounts as the board of supervisors shall allow, shall be assessed and collected the same as other town charges.” (The Town Law, Laws of 1890,- chap. 569, § 163.) The appellant maintains that the act of the board upon the twenty-second of December in directing that this account be included in the tax roll constituted an andit of the claim. The claim of the defendant, however, is: First, that to…
2Cases cited1 opinion
- People Ex Rel. Hotchkiss v. Board of SupervisorsNew York Court of Appeals · 1875
3Cited by4 opinions
- Matter of Equitable Trust Co. v. . HamiltonNew York Court of Appeals · 1919
- In re WeeksAppellate Division of the Supreme Court of the State of New York · 1904
- Equitable Trust Co. v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1917
- Right Worshipful Eastern District Grand Lodge v. JohnsonNew York Supreme Court · 1919