Board of Supervisors v. Pindar
New York Supreme Court
This was an appeal by the defendants from an order disallowing a demurrer to the plaintiffs’ complaint. The complaint alleged that in the fall of 1866, the defendant, John Pindar, was duly elected county treasurer of the county of Schoharie, and entered upon the duties of his office on the 1st day of January, 1867. That after such election, and before entering upon the discharge of the duties of his office, and on the 14th day of November, 1866, he and the other defendants…
Read the full summary
This was an appeal by the defendants from an order disallowing a demurrer to the plaintiffs’ complaint. The complaint alleged that in the fall of 1866, the defendant, John Pindar, was duly elected county treasurer of the county of Schoharie, and entered upon the duties of his office on the 1st day of January, 1867. That after such election, and before entering upon the discharge of the duties of his office, and on the 14th day of November, 1866, he and the other defendants executed and delivered to the board of supervisors the bond set out in the complaint, which was upon the condition that…
1Opinion of the Court
By the Court —
Miller, P. J.
The bond, recited in tho plaintiff’s complaint, was intended to conform to the provisions of the statute (S. L. of 1866, chap. 696, p. 1490), and if in substance as the statute requires is sufficient. I am inclined to thinkthat.it is a valid undertaking, and the action brought by the plaintiffs can be maintained. A strict and technical conformity to the statute is not essential to its validity; and to obviate objections of this character, the Revised Statutes (vol. 2, 556, § 33) provide that whenever a bond is required by law in the cases stated it shall not be…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Lyon v. JeromeNew York Supreme Court · 1841
- Chamberlain v. . BellerNew York Court of Appeals · 1858
- Weeks v. EllisNew York Supreme Court · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re DelehantyNew York Supreme Court · 1952
- Farley v. McConnellNew York Supreme Court · 1872
- Town of Fort Covington v. United States & Canada RailroadAppellate Division of the Supreme Court of the State of New York · 1896