Gould v. Glass
New York Supreme Court
THIS was an appeal from the St. Lawrence county court. The action was originally commenced in a justice’s court, and on a plea of title being interposed, the cause was tranferred to the county court by virtue of the provisions of §§ 55 to 62 of the code. It was there tried by a jury. The complaint was as follows : “ Calvin H. Gould, John Sheldon and John McBride, ■ commissioners of highways of the town of Lisbon, against John Glass.
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THIS was an appeal from the St. Lawrence county court. The action was originally commenced in a justice’s court, and on a plea of title being interposed, the cause was tranferred to the county court by virtue of the provisions of §§ 55 to 62 of the code. It was there tried by a jury. The complaint was as follows : “ Calvin H. Gould, John Sheldon and John McBride, ■ commissioners of highways of the town of Lisbon, against John Glass. The plaintiffs above named, complain of the above named defendant, and say that on, &c. he wrongfully obstructed a certain highway in the town of Lisbon, by, &c.…
1Opinion of the Court
*184 By the Court,
James, J.
The penalty sought to he recovered by this action is one in which the plaintiffs, as individuals, have Ho interest; and, therefore, if the action is not brought in their official character, it cannot be sustained; and this question must be determined by the complaint, which also includes the title of the cause. The statutes provide that actions may be brought by commissioners of highways in the name of their office. (2 R. S. 473, §§ 92, 93.) And the supreme court has held that such actions are properly brought in the name of the individuals with the addition of their…
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