McClure v. Board of Supervisors
New York Supreme Court
THE plaintiff in this cause recovered a verdict at the circuit for damages occasioned to her by the destruction of her property by a riot or mob. And on the adjustment of the costs claimed on her behalf, the defendant objected to their allowance, on the ground that the claim on which the verdict was recovered, had not been presented for payment to the chief fiscal officer of the county before the commencement of the action.
Read the full summary
THE plaintiff in this cause recovered a verdict at the circuit for damages occasioned to her by the destruction of her property by a riot or mob. And on the adjustment of the costs claimed on her behalf, the defendant objected to their allowance, on the ground that the claim on which the verdict was recovered, had not been presented for payment to the chief fiscal officer of the county before the commencement of the action. This objection was overruled by the clerk, who adjusted the costs at the sum of §206.77. The defendant, appealed from this decision to the special term, where it was…
1Opinion of the Court
By the Court,
Daniels, J.
The objection made in this case to the allowance of costs to the plaintiff, arises under the second section of chapter 262, of the laws of 1859. That section provides, that “no costs, fees, disbursements or allowance, shall be recovered or inserted in any judgment *596against municipal corporations, unless the claim upon which such judgment is foundéd, shall have been. presented for payment to the chief fiscal officer of such corporation, before the commencement of an action thereon.” (Laws of 1859, p. 570, § 2.) It is not entirely clear what object the legislature…
2Cases cited4 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- Hart v. City of BrooklynNew York Supreme Court · 1862
3Cited by6 opinions
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- McGaffin v. . City of CohoesNew York Court of Appeals · 1878
- Buck v. City of LockportNew York Supreme Court · 1872
- Butler v. City of RochesterNew York Supreme Court · 1875
- Dressel v. City of KingstonNew York Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.