Legal Opinion

People Ex Rel. Winans v. . Adams

New York Court of Appeals

Decided June 23, 1891PublishedCited by 2 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 20, 1891, which affirmed an order of the Circuit granting defendants an extra allowance. The facts, so far as material, are stated in the opinion. An allowance can only be granted when the subject-matter of the litigation has a money value.

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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 20, 1891, which affirmed an order of the Circuit granting defendants an extra allowance. The facts, so far as material, are stated in the opinion. An allowance can only be granted when the subject-matter of the litigation has a money value. (Adams v. Arkenburgh, 106 N. Y. 615; Conaughty v. S. C. Bank, 92 id. 404; People v. A. & S. R. R. Co., 5 Lans. 35; A. D. Co,. v. Libbey, 45 N. Y. 499.) A fine is not a claim. (Code Civ. Pro. §§ 1956, 3253; McLean v. Freeman, 70 N. Y. 89; Atty.-Gen. v. L.…

1Opinion of the CourtO’Brien, J.

This was an action brought by the attorney-general, under sections 1948 and 1949 of the Code of Civil Procedure. The complaint alleges that on the 7th day of April, 1890, the relators, ten in number, were duly elected, respectively, wardens and vestrymen of the Church of the Holy Nativity, a Protestant Episcopal church in the city of Hew York.

That the defendants Adams and Townsend unlawfully intruded into the office of wardens and the other defendants into the office of vestrymen of said church, and were unlawfully holding these offices in violation of the rights of the relators. Judgment was…

2Cases cited1 opinion

  1. The Atlantic Dock Company v. . LibbyNew York Court of Appeals · 1871

3Cited by2 opinions

  1. Hathorn v. Natural Carbonic Gas Co.Appellate Division of the Supreme Court of the State of New York · 1917
  2. Schneider v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1900

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