Kilbourne v. St. John
New York Court of Appeals
Appeal from order of the General Term of the Supreme' Court in the third judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and granting a new trial.
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Appeal from order of the General Term of the Supreme' Court in the third judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and granting a new trial. This action was brought by plaintiffs as tax-payers of the town of Thompson, Sullivan county, to restrain defendants, who were railroad commissioners of said town, appointed under the act authorizing certain towns in" the counties of Sullivan hud Orange to issue bonds in aid of the Monticello and Port Jervis Railroad Company (chap. 553, Laws of 1868)> from paying over moneys levied and…
1Opinion of the CourtGrover, J.
The plaintiffs, as tax-payers of the town of Thompson, Sullivan county, brought this action against the defendants, railroad commissioners of the town, appointed under chapter 553, Laws of 1868 (vol. 1, 1128), to restrain them from paying out moneys in their hands, paid to them by the collector of the town, by direction of the warrant of the board of supervisors of the county, to pay interest due and to become due upon bonds claimed to have been issued for and on account of the town, to aid in the construction of a railroad from Monticello, in said county, to Port Jervis, in the county of…
2Cases cited2 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Susquehanna Bank v. . Supervisors of Broome CountyNew York Court of Appeals · 1862
3Cited by2 opinions
- Campbell v. KamaiopiliHawaii Supreme Court · 1872
- Allen v. AllenNew York Supreme Court · 1880