Greene v. . Knox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 21, 1902, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has legal capacity to sue.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered Hovember 21, 1902, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has legal capacity to sue. (L. 1892, ch. 301; L. 1899, ch. 370, § 27; Rogers v. Common Council, 22 Abb. [N. C.] 144; 123 N. Y. 173; Peck v. Belknap, 130 N. Y. 394; Ayres v. Lawrence, 59 N. Y. 192; Bush v. O'Brien, 164 N. Y. 205; Wenk v. City of New York, 171 N. Y. 607;…
1Opinion of the CourtWerner, J.
This action is brought by the plaintiff as a taxpayer of the city of Hew York to restrain the payment of salaries to the defendants Gaus, Gannon and T^antry, who are police captains. The other defendants are interested only in their official capacities and the police captains above named will, therefore, be referred to as the defendants.
The complaint is demurred to on the following three grounds: First. That the complaint does not state facts sufficient to constitute a cause of action. Second. That the plaintiff has no legal capacity to sue. Third. That causes of action have been improperly…
2Cases cited6 opinions
- Chittenden v. . WursterNew York Court of Appeals · 1897
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Eliasberg Bros. Mercantile Co. v. GrimesSupreme Court of Alabama · 1920
- Bachrach v. NelsonIllinois Supreme Court · 1932
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- Felice v. SwezeyAppellate Division of the Supreme Court of the State of New York · 1951
- Morris v. CahillAppellate Division of the Supreme Court of the State of New York · 1983
36 more not listed; retrieve them via the Exa API.