People ex rel. Allaben v. Board of Supervisors
New York Supreme Court
This action was tried before Justice Balcom, without a jury, at the Delaware circuit, in January, 1856, when the following facts were proved:— The relator, on the 10th day of July, 1852, recovered a judgment in' this court against Ira Whitcomb and Contine Connelly, overseers of the poor of the town of Middletown, in Delaware county, for $112.05 damages, and $59.47 costs, on an account that0 the relator purchased of Jonathan C. Allaben, and which account was for services…
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This action was tried before Justice Balcom, without a jury, at the Delaware circuit, in January, 1856, when the following facts were proved:— The relator, on the 10th day of July, 1852, recovered a judgment in' this court against Ira Whitcomb and Contine Connelly, overseers of the poor of the town of Middletown, in Delaware county, for $112.05 damages, and $59.47 costs, on an account that0 the relator purchased of Jonathan C. Allaben, and which account was for services rendered by the latter as a physician at the request of one David C. Sliter, a former overseer of the poor of said town. The…
1Opinion of the Court
Balcom, Justice.
The point made by the defendants’ counsel, that the board of supervisors could go back of the judgment ; or, in other words, sit in review of a judgment of this court, recovered in a contested action, seemed to me, on the trial, as novel as the proposition once made by a member of the legislature, to amend the Code, so that appeals from the judgments of justices of the peace should be made, to the town meetings in the several towns, where the justices giving the judgments reside; and that the decisions of the town meetings should be final, and be ascertained by a viva voce…
2Cases cited8 opinions
- Douglass v. HowlandNew York Supreme Court · 1840
- Bates v. StantonThe Superior Court of New York City · 1852
- Isnard v. CazeauxNew York Court of Chancery · 1828
- Green v. ClarkNew York Supreme Court · 1848
- Silver v. CummingsNew York Supreme Court · 1831
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