Prankard v. Cooley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Village of Mott’s Point and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the ■ office of the clerk of the county of Nassau on the 28th day of March, 1911, upon the decision of the court, rendered after a trial at the Nassau Special Term, sustaining the plaintiffs’ demurrer to an affirmative defense set up in the answer of the said defendants.
1Opinion of the Court
Hirschberg, J.:
The amended complaint alleges in substance that the plaintiffs are owners of real estate and are assessed taxpayers in the Union Free School District No. 4, in the town of North Hemp-stead in the county of Nassau; that the defendant James S. Cooley is.the school commissioner of that school district; that each of the three villages has been created within the territory constituting said school district to. be separate school districts, but that each has been created under the form qf law applicable to such creations illegally, in pursuance of a fraudulent scheme instituted and…
2Cases cited6 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Greene v. . KnoxNew York Court of Appeals · 1903
- The People v. . CarpenterNew York Court of Appeals · 1861
- McFarlan v. Triton InsuranceNew York Supreme Court · 1847
- People Ex Rel. Kingsland v. . ClarkNew York Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Abell v. HunterAppellate Division of the Supreme Court of the State of New York · 1924
- Plantz v. Board of SupervisorsNew York Supreme Court · 1924
- Bullock v. CooleyAppellate Division of the Supreme Court of the State of New York · 1918
- Jarl Co. v. Village of Croton-On-HudsonAppellate Division of the Supreme Court of the State of New York · 1931
- Kress v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 1934
4 more not listed; retrieve them via the Exa API.