In re Marvin
New York Supreme Court
Appeal from Orange county court. Petition by Francis Marvin, a tax-payer,. to compel James Williams, the county treasurer, to apply taxes derived from railroads to the satisfaction of bonds issued in aid of the construction thereof, as required by Laws Y. Y. 1869, c. 907. Pending the proceedings, the county treasurer died, and an order substituting his successor, William M. Murray, as defendant, was made, from which order defendant appeals.
1Opinion of the CourtBarnard, P. J.
The term of office as county treasurer of James O. Williams expired on the Slst.of December, 1890. William M. Murray was elected treasurer of Orange county in the fall of 1890, and succeeded Williams at the expiration of his term. Before the term of Williams expired, a proceeding had been commenced under chapter 907, Laws 1869, as amended by chapter 283, Laws 1871, before the county judge of Orange county, to compel the application of taxes upon railroads, as directed by that act. The act authorizes the county judge to make an order compelling the application. The petition stated that certain…
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