Talcott v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed an interlocutory judgment in favor of plaintiffs entered upon a decision' of the court on trial at 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 acts complained of are not illegal official acts.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1890, which affirmed an interlocutory judgment in favor of plaintiffs entered upon a decision' of the court on trial at 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 acts complained of are not illegal official acts. (Laws of 1887, chap. 673, § 1; Laws of 1870, chap. 519, § 1; Sank v. City of Philadelphia, 3 Phil. 117; White v. City of Buffalo, 1…
1Opinion of the CourtO’Brien, J.
The plaintiff, a resident and taxpayer of the city of Buffalo, seeks in this action to restrain the governing authorities of that city from substituting electric street lighting for that of gas, in Bouclc avenue, between Niagara street and Chapin place. The defendants demurred to the complaint on the ground, among others, that a cause of action was not stated. The demurrer was overruled by the Special Term, and this decision was affirmed at the General Term. As the other ground of demurrer was not discussed in the courts below, as presenting any substantial question, and as it seems to us to…
2Cases cited1 opinion
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
3Cited by132 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Campbell v. City of New YorkNew York Court of Appeals · 1927
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
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