Caskey v. City of Greensburgh

The appellant and three others,-who have refused to join.in the appeal, sought an injunction against the ¡appellees, forbidding them to proceed with the opening of a street, which, under the act of March 17th, 1875, 1 R. S. 1876, p. 318, the common council • of the city had ordered to be •opened, and which order, it is alleged, the appellee Forsythe, ¡as street commissioner, was about to execute, to the irreparable injury of the plaintiffs.

It is charged in the complaint “thatthe proceedings to open the street are illegal and void in this, to wit:

“First. The oaths of the commissioners were not…