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1 Board of Supervisors of Tompkins County, against George H. Bristol, and Others 1878

handle is hein.trials/abhk0001 and id is 1 raw text is: SUPREME COURT. THE BOARD OF SUPERVI-I ORS OF Torii iN.S Cot, NTV, I ag-ainst GEORGE H. BRISTO .,ANI OTHERS. This action was defended by the Treasurer's bail and from the judgment rendered both parties appeal. The defendant's, however, do not ask a reversal of the judgment and present no points for that purpose. The sole object of their appeal is, that in case of a reversal, and in that case only, they seek an opinion upon points which may guide the course of a new trial, but are not necessary to be considered if the judgment is affirmed. The questions raised on the appeal grow out of the decision of the Referee refusing to award judgment for an alleged deficiency in the infant heir fund, and in the military fund. The position of the defendants is that the Referee was correct in his conclusion for two reasons : viz. First .- No such deficiency was legally proved to exist: and Second: If it did exist the plaintiff's could not recover it under their complaint.

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