Beresford v. Donaldson
New York Supreme Court
Trial of the issues of law arising upon a demurrer to the complaint and motion for an injunction pendente lite in a taxpayer’s action.
1Opinion of the CourtTompkins, J.
This is a taxpayer’s action. The complaint alleges that the plaintiff is a citizen of the city of Mount Vernon, and is a taxpayer, and is entitled to maintain a taxpayer’s action, and that the defendants are members of the board of aldermen of the said city; that on or about the 23d day of November, 1905, Edward F. Brush, the mayor of said city, without legal authority, assumed to appoint one William H. Martens as acting commissioner of public works of said city, to fill a vacancy then existing in that office, and that thereafter, on several occasions, the said mayor, in pursuance to the…
2Cases cited5 opinions
- Lyddy v. . Long Island CityNew York Court of Appeals · 1887
- Williams v. . BoyntonNew York Court of Appeals · 1895
- Haswell v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
- O'Connor v. WalshAppellate Division of the Supreme Court of the State of New York · 1903
- Hyde v. Auditor of BrooklynNew York Supreme Court · 1861
3Cited by4 opinions
- Gray v. Ingleside Independent School Dist.Court of Appeals of Texas · 1920
- L. J. Vontz Construction Co. v. City of AllianceNebraska Supreme Court · 1993
- Marriott v. StateNew York Court of Claims · 1945
- Gray v. Ingleside Independent School Dist.Court of Appeals of Texas · 1920