Seccomb v. Wurster
U.S. Circuit Court for the District of Eastern New York
This was a, bill by Mary T. Seeeomb against Frederick W. Wurster, as mayor of the cify of Brooklyn, David S. Stewart and 27 others, constituting the hoard of aldermen, and the East Hirer & Atlantic Ocean Railroad Company, to enjoin the granting of a franchise to the defendant railroad company in certain streets in Brooklyn. This is a motion for an injunction pendente lite, as prayed in the hill.
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This was a, bill by Mary T. Seeeomb against Frederick W. Wurster, as mayor of the cify of Brooklyn, David S. Stewart and 27 others, constituting the hoard of aldermen, and the East Hirer & Atlantic Ocean Railroad Company, to enjoin the granting of a franchise to the defendant railroad company in certain streets in Brooklyn. This is a motion for an injunction pendente lite, as prayed in the hill. The suit was originally begun against Hie mayor and the hom'd of aldermen only, and relief prayed for against them. Subsequently, and before the argument of this motion, ilie railroad company, upon…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts). There was some discussion upon the oral argument as to whether complainant brought tills suit as a taxpayer, under the express statutory provisions authorizing such suit (Laws 1881, e. 5531; Law's 1887, c. G73; Laws 1.892, e. 301), or as an individual abutting owner, to prevent some anticipated injury to her individual property. The complaint is evidently framed as a taxpayer’s bill under the statute. It contains the averments as to jiayment of taxes which said statute calls for; and it is thought that upon the oral argument it was conceded by complainant that this…
2Cases cited9 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Coal Co. v. BlatchfordSupreme Court of the United States · 1871
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- People ex rel. Depew & Southwestern Railroad v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1896
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