MALONEY v. COUNTY OF ONEIDA


199 Misc. 200 (1950)

Bernard E. Maloney, as Supervisor of The Town of Florence, County of Oneida, et al., Plaintiffs, v. County of Oneida et al., Defendants.

Supreme Court, Special Term, Oneida County.

April 12, 1950.


Attorney(s) appearing for the Case

James M. O'Hara for plaintiffs.

Pirnie Pritchard, County Attorney, for defendants.


SEARL, J.

This is an action for a declaratory judgment. A jural question is presented. Therefore, the court must hold that a declaratory judgment is proper. (Post v. Metropolitan Cas. Ins. Co. of N. Y., 227 App. Div. 156, affd. 254 N.Y. 541.)

Respective attorneys have stipulated certain facts material to the issues to be decided:

That all of the plaintiffs, except James Spellicy, comprise...

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