Osterhoudt v. . Rigney
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 27 Hun, 167). The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 2, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 27 Hun, 167). The nature of the action and the material facts are stated in the opinion. Whether the acts of subordinate public tribunals or officers, assessors, etc., are invalid, irregular or void, depends entirely on purely legal principles cognizable by courts of law only. Ho equitable principles can be involved, and courts of equity have never…
1Opinion of the CourtAndrews, J.
This action was brought by the plaintiff in his capacity as tax payer of the town of Kingston, to vacate the audit of certain bills audited in favor of the defendant Rigney, by the board of audit of the town at their annual meeting in November, 1878, on the ground that such audits were illegal and without authority. The action was commenced after the schedule of audited accounts had been delivered by the board of audit to the supervisor, but before any action had been taken by the board of supervisors for levying upon the town the amounts embraced in the schedule. The supervisor of the town,…
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