Howards Practice Reports, Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes Volume 2

Howards Practice Reports, Containing Cases Under the Code of Civil Procedure and the General Practice of the State of New York, Selected from Decisions of All the Courts, with Notes Volume 2

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...in behalf of another claimant (People ca: rel. Judson agt. T /iao/zer, 55 N. Y., 525).. Section 37 of the charter provides for raising money for the expense of the police board, also for necessary legal expenses " and all expenses which may necessarily be incurred by reason of any civil or criminal action or proceeding against the police commissioners or either of them, or against any member of the police force for acts done in the discharge of his or their duty." It was the duty of Newell to act as police commissioner. It was because he so.acted that the action was brought. If upon the trial of the action against Newell it had appeared that his acts as police commissioner were unauthorized because he was not a citizen, then it is very clear that he would not be discharging his duty in assuming to exercise the functions of the ofiice. Section 37 prescribes the duties of the city attorney with reference to actions brought against the police commissioners. There are no negative words in the charter limiting the power of the city to the expenses afiirmatively provided for; nor does the charter prevent the city from employing any lawyers it chooses in litigations affecting it or its rights. It is a general rule that in the absence of words of limitation or restriction, rights or remedies which existed before the passage of a statute are not taken..vay (Truman agt. Ric/iarclson, 68 JV. Y., 617; People agt. Ball, 80 N. Y., 117; Uandee agt. Hayward, 37 JV. Y., 653.) It is an established rule that a municipal corporation may indemnify its oificers and agents for expenses necessarily incurred in the bonafide discharge of their duties (Roper agt. Town qf Launburg, 90.ZV. 0., 427; 30 Abb. L. 0., 303; 1 Dill. Mun. Corp, sec. 98; Haddsell...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236847261
  • 9781236847263