Wilkins v. Mayor of New York
New York Court of Common Pleas
Action by Peter Wilkins, as a taxpayer in the city of New York, against the mayor, aldermen, and commonalty of the city of New York, and Thomas F. Gilroy and others, composing a majority of the commissioners of the sinking fund, pursuant to the provisions of Laws 1892, c. 301, § 1, for injunctive relief against the contemplated sale of a ferry franchise and lease of wharf property, on the ground that such sale, if permitted, will involve the performance of an illegal…
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Action by Peter Wilkins, as a taxpayer in the city of New York, against the mayor, aldermen, and commonalty of the city of New York, and Thomas F. Gilroy and others, composing a majority of the commissioners of the sinking fund, pursuant to the provisions of Laws 1892, c. 301, § 1, for injunctive relief against the contemplated sale of a ferry franchise and lease of wharf property, on the ground that such sale, if permitted, will involve the performance of an illegal official act on the part of defendants, and result in a waste of and injury to the property of the municipality. Plaintiff…
1Opinion of the CourtBischoff, J.
On the argument of this motion the plaintiff asked for leave to amend his complaint by adding thereto an allegation to the effect that within the year immediately preceding the commencement of the action he paid a tax upon an assessment exceeding $1,000. Such an amendment is allowed, and thus the objection that the moving papers fail to show that the plaintiff is qualified, under the provisions of section 1 of chapter 301 of the Laws of 1892, to maintain this action, is removed.
The action is brought to restrain the defendants from doing an act alleged to be in excess of authority, and…
2Cases cited9 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
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3Cited by4 opinions
- Bell v. KirklandSupreme Court of Minnesota · 1907
- Coit v. City of Grand RapidsMichigan Supreme Court · 1898
- City of New York v. DavisCourt of Appeals for the Second Circuit · 1925
- Arbuckle-Ryan Co. v. City of Grand LedgeMichigan Supreme Court · 1899