Daly v. Haight
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Joseph Haight and others, from orders of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 9 th day of February, 1914, overruling their demurrers to the amended complaint.
1Opinion of the Court
Burr, J.:
This action is also a taxpayers’ action brought against Joseph Haight, as supervisor of the town of Rye, and Clement Archer, Peter H. Spader and James D.. Halstead, composing the board of town auditors. With them is also joined as a party defendant Charles W. Stevens, the town clerk. Haight, Archer and Halstead, by separate demurrers, attack the sufficiency of the complaint. From separate orders overruling these demurrers each separately appeals.
Although the complaint charges illegality or fraudulent conduct on the part of the town board who audited the claim« of Stevens, the town…
2Cases cited5 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Hearst v. McClellanAppellate Division of the Supreme Court of the State of New York · 1905
- Hicks v. EgglestonAppellate Division of the Supreme Court of the State of New York · 1905
- Dunning v. . the Elmore and Hamilton Contracting CompanyNew York Court of Appeals · 1912
- Ellis v. KeelerAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1914