Miller v. Tayntor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, H. Walter Tayntor and others, from that part of an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 20th day of September, 1915, which overrules those portions of a demurrer to the complaint which allege that the complaint does not state facts sufficient to constitute a cause of action.
1Dissent
Howard, J. (dissenting):
On the 30th,day of June, 1915, the common council of the city of Binghamton passed an ordinance appointing a committee of its members to investigate the board of education of the city. The plaintiff has brought a taxpayer’s action to restrain this investigation. The defendants have demurred to the complaint upon several grounds, but none are here for consideration except the contention that the complaint does not state a cause of action; and this involves the question as to whether the common council is authorized to investigate the board of education.
The charter of…
2Cases cited3 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Hogan v. . Board of EducationNew York Court of Appeals · 1911
- Hogan v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1910