Olmsted v. . Meahl
New York Court of Appeals
Appeal, by permission, in the first entitled action, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 25,1916, which affirmed an order of Special Term denying a motion by defendants to vacate a temporary injunction.
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Appeal, by permission, in the first entitled action, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 25,1916, which affirmed an order of Special Term denying a motion by defendants to vacate a temporary injunction. Appeal, by permission, in the second entitled action, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 25, 1916, which affirmed an order of Special Term annulling an order vacating a preliminary injunction herein previously granted and declaring such…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This is a taxpayer's action. The courts of this state hold that at common law a taxpayer, as such, has no right of action against a public officer to restrain or prevent the waste of public funds or injury to public property, or to restrain a threatened illegal official act. (Altschul v. Ludwig, 216 N.Y. 459, 464;Admiralty Realty Co. v. City of New York, 76 Misc. Rep. 345; affd., on opinion below, 151 App. Div. 888; affd., 206 N.Y. 110.) Such an action may be…
2Cases cited16 opinions
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
- Altschul v. . LudwigNew York Court of Appeals · 1916
- County of Albany v. . HookerNew York Court of Appeals · 1912
- Miller v. City of New YorkNew York Court of Appeals · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State Ex Rel. Harvey v. Second Judicial District CourtNevada Supreme Court · 2001
- Durante v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
- Ashland Equities Co. v. ClerkAppellate Division of the Supreme Court of the State of New York · 1985
- National Westminster Bank, USA v. StateNew York Court of Appeals · 1990
- Borek v. GolderNew York Supreme Court · 1947
33 more not listed; retrieve them via the Exa API.