Bergheim v. Hofstatter

Order among other things vacating satisfaction of judgment and canceling a stipulation of discontinuance of the action affirmed, with twenty-five dollars costs and disbursements. An action was brought by a taxpayer to recover moneys alleged to have been illegally paid to the defendant, a public officer. On the trial the plaintiff succeeded only to a limited degree. On appeal to the Court of Appeals the judgment was reversed, the doctrine concerning the ease settled and a new trial granted with costs to the plaintiff, appellant, in all courts (Thompson v. Hofstatter, 265 N. Y. 54). After…