Wilcox v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clermont Hi Wilcox, from a final judgment- of the Supreme' Court in favor of the defendants, entered in the office of "the clerk of the county of Mew York, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing- the complaint on demurrer on the ground that it does not state facts sufficient to constitute a cause of action) and also from: an order made at the Mew York Special Term denying the plaintiff’s motion…
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Appeal by the plaintiff, Clermont Hi Wilcox, from a final judgment- of the Supreme' Court in favor of the defendants, entered in the office of "the clerk of the county of Mew York, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing- the complaint on demurrer on the ground that it does not state facts sufficient to constitute a cause of action) and also from: an order made at the Mew York Special Term denying the plaintiff’s motion for an injunction and- - vacating a temporary.' injunction restraining defendants, as the "board of estimate and)…
1Opinion of the Court
Laughlin, J.:
The material allegations of the complaint show: (1) That the plaintiff is duly qualified to maintain this action as a taxpayer; (2) that the defendants by virtue of their respective offices to which they were elected at the general election held in November, 1903, for terms of two years from the 1st day of January, 1904, constitute the board of estimate and apportionment of the city of New York; (3) that the members of the board of aldermen of the city of New York were elected at the same time and for the same period as the defendants; (4) that on the 26th day of May, 1905,…
2Cases cited17 opinions
- Shoemaker v. United StatesSupreme Court of the United States · 1893
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Rathbone v. . WirthNew York Court of Appeals · 1896
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
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3Cited by2 opinions
- Council of New York v. Public Service CommissionNew York Court of Appeals · 2002
- People ex rel. City of Oswego v. Board of AssessorsNew York Supreme Court · 1911