Sargent v. . Board of Education
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme-Court in the fourth judicial department, entered December 23, 1902, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme-Court in the fourth judicial department, entered December 23, 1902, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at an Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. The conclusions of law of the trial court, that the board of education of the city of Rochester had power to employ sisters of charity to teach in St. Mary’s Boys’ Orphan Asylum and to pay them for such services were erroneous. (People ex rel. v. Bd. of…
1Opinion of the CourtO’Brien, J.
This is a taxpayer’s action to restrain the payment of certain public moneys raised for the purposes of education but which, it is claimed, cannot be properly devoted to the specific purpose for which the funds were raised. In other words, it is alleged that the public officers who have been made defendants in the action are about to deal with this fund in violation of law, and an injunction is demanded to restrain waste and misapplication of the money. The board of education of the city of Rochester was made a defendant, and so were the financial officers of the city, who are required by law…
2Cases cited3 opinions
- Corbett v. . St. Vincent's Industrial SchoolNew York Court of Appeals · 1903
- People Ex Rel. Inebriates' Home for Kings County v. Comptroller of BrooklynNew York Court of Appeals · 1897
- St. Patrick's Orphan Asylum v. Board of EducationNew York Supreme Court · 1867
3Cited by9 opinions
- Traverse City School Dist. v. Atty. Gen.Michigan Supreme Court · 1971
- Judd v. Board of Education of Union Free School District No. 2New York Court of Appeals · 1938
- Committee for Public Education & Religious Liberty v. NyquistDistrict Court, S.D. New York · 1972
- Baer v. KolmorgenNew York Supreme Court · 1958
- People ex rel. Lewis v. GravesAppellate Division of the Supreme Court of the State of New York · 1927
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