Legal Opinion

Town of Pelham v. Shinn

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

Decided November 27, 1908PublishedCited by 3 opinions

Appeal by the defendant, John M. Shinn, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of June, 1908, upon the order or decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint, and also (as stated in the notice of appeal) from such order, entered in said clerk’s office on the 11th day of…

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Appeal by the defendant, John M. Shinn, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of June, 1908, upon the order or decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint, and also (as stated in the notice of appeal) from such order, entered in said clerk’s office on the 11th day of June, 1908, overruling the demurrer of the defendant herein and directing interlocutory judgment to be entered thereon.

1Opinion of the Court

Gaynor, J.:

This is an action by the town against a former supervisor thereof to compel him to account for the moneys that came to his hands by virtue of his office, and to recover of him any sum found due of him to the town. Before the codification of all statutes relating to towns was adopted (Laws of 1890, chap. 569), an action like this was specifically authorized by statute (1 R. S. p. 349, i. e., ch. 11, tit. 4, art. 1, sec. 5, as amended by ch. 534, Laws of 1866 ; Town of Guilford v. Cooley, 58 N. Y. 116). It was also comprehensively provided that “ Whenever any controversy or cause of…

2Cases cited2 opinions

  1. Town of Guilford v. . CooleyNew York Court of Appeals · 1874
  2. People ex rel. Hodgins v. BinghamAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by3 opinions

  1. Town of Hempstead v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1910
  2. Tuma v. PiepenbrinkNew York Supreme Court · 1912
  3. Town of Pelham v. ShinnAppellate Division of the Supreme Court of the State of New York · 1911

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