Bush v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Irving T. Bush, from an order of the Supreme Court, made at the New York Special Term'and entered in the office of the clerk of the county of New York on the 3d day of April, 1900, granting the defendants’ motion for an extra allowance, and also from an order entered in said clerk’s office on the 17tli day of April, 1900, resettling the said order.
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Appeal by the plaintiff, Irving T. Bush, from an order of the Supreme Court, made at the New York Special Term'and entered in the office of the clerk of the county of New York on the 3d day of April, 1900, granting the defendants’ motion for an extra allowance, and also from an order entered in said clerk’s office on the 17tli day of April, 1900, resettling the said order. The defendants in this action are John O’Brien, Hernán Clark, Walston H. Brown, as receiver of the assets of the firm of Brown, Howard & Co., the city of New York and the comptroller of that city. O’Brien, Clark, Brown and…
1Opinion of the Court
McLaughlin, J.:
This action was brought by a taxpayer to restrain the collection of certain judgments referred to in the complaint, upon grounds therein specified. The respondents herein, the comptroller of the city of New York and the city of New York, were made parties defendant. The respondents and thé comptroller demurred to the complaint on the ground that it did not state facts sufficient to constitute a" cause of action, and the city of New York interposed an answer. The demurrer was sustained, and-from the interlocutory judgment entered an appeal was taken to-this court, where the same…
2Cases cited2 opinions
- Fales v. LawsonNew York Supreme Court · 1889
- Masters v. BarnardNew York Supreme Court · 1851
3Cited by3 opinions
- Wilson v. MoonAppellate Division of the Supreme Court of the State of New York · 1934
- Mercantile Safe Deposit Co. v. DimonAppellate Division of the Supreme Court of the State of New York · 1900
- Bush v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1901