Barhite v. Home Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John A. Bar hite, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 26th day of September, 1899, upon the decision of the court, rendered after a trial at the Monroe Special Term, sustaining the defendants’ demurrers to the plaintiff’s complaint.
1Opinion of the Court
Spring, J.:
The plaintiff is a taxpayer of the city of Rochester, and commenced this action April 21, 1899, pursuant to chapter 301 of the Laws of 1892, amending chapter 531 of the Laws of 1881, and section 1925 of the Code of Civil Procedure, to obtain a judicial determination that the contract set forth in the complaint and a resolution of the common council authorizing the same *27were illegal, and to enjoin the defendants from carrying out the same. The complaint, which is very voluminous, sets forth that the common council of the city of Rochester, on the 11th day of April, 1899, adopted a…
2Cases cited7 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Skaneateles Water Works Co. v. Village of SkaneatelesNew York Court of Appeals · 1899
- Adamson v. Nassau Electric RailroadNew York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- Carey v. GuestMontana Supreme Court · 1927
- W. F. Martens & Co. v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1918
- Hearst v. McClellanAppellate Division of the Supreme Court of the State of New York · 1905
- In re the New York Independent Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1909
27 more not listed; retrieve them via the Exa API.