Legal Opinion

People v. Town of Frankfort

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1918PublishedCited by 1 opinion

Appeal by the defendant, The Town of Frankfort, from an order of the Supreme Court, made at the Albany Trial Term and entered in the office of the clerk of the county of Albany on the 5th day of October, 1917, denying defendant’s motion for judgment on the pleadings, consisting of a complaint, answer and reply.

1Opinion of the Court

John M. Kellogg, P. J.:

Section 133 of the Town Law requires the town board to meet “ for the purpose of auditing accounts and allowing or rejecting all charges, claims and demands against the town.” The town board makes duplicate certificates of all claims allowed, one of which is filed with the town clerk and the other delivered to the supervisor, to be by him laid before the board of supervisors, which causes to be levied and raised upon the town the amount specified in the certificate “ in the same manner as they are directed to levy and raise other town charges.”

Section 170 defines, town…

2Cases cited1 opinion

  1. Acme Road MacHinery Co. v. Town of BridgewaterNew York Court of Appeals · 1906

3Cited by1 opinion

  1. New Paltz, Highland & Poughkeepsie Traction Co. v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 1922

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