Warrin v. . Baldwin
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1885, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Repor-ted below, 35 Hun, 334.) This action was brought by plaintiff, as a taxpayer of the town of Newtown, Queens county, against defendant, as county treasurer of that county, to restrain him from paying to himself and charging to said town of Newtown his fees and the expenses of advertising upon such lots * * * and pieces of land ” as…
1Opinion of the CourtFinch, J.
The act of 1881 (chap. 531), expressly authorizes a taxpayer to maintain an action for the prevention and restraint of “ any illegal official act ” on the part of the officers of any county, town, or municipal corporation; and if the intended and threatened act of the defendant, as county treasurer, is illegal, the plaintiff is entitled to sue and to prevent the meditated violation of law, irrespective of the consequences of such violation. The statute assumes that a,ny illegal official act is or may be injurious to the corporation when done by its servant, and allows him to be restrained…
2Cited by14 opinions
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- Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
- Brill v. MillerAppellate Division of the Supreme Court of the State of New York · 1910
- Tompkins v. PallasNew York Supreme Court · 1905
- Hicks v. EgglestonAppellate Division of the Supreme Court of the State of New York · 1905
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