New York Court of Appeals

The People Ex Rel. Matthias Van Keuren, Appellants v. the Board of Town Auditors of the Town of Esopus, Respondent

September 17, 187874 N.Y. 310

Summary

The Court affirmed the lower court's denial of a mandamus and held that the Town of Esopus is not liable to indemnify the overseer of highways for his expenses in defending a trespass suit, and that the overseer could not continue litigation at the town's expense without its direction.