De Baun v. Mayor
New York Supreme Court
This was an appeal by the defendants from an order made at a special term, denying the plaintiffs’ motion for a permanent injunction, discharging the order to show cause, and dissolving the temporary injunction.
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This was an appeal by the defendants from an order made at a special term, denying the plaintiffs’ motion for a permanent injunction, discharging the order to show cause, and dissolving the temporary injunction. The injunction asked for, was a writ to be issued against the defendants, the mayor, aldermen and commonalty of the city of #New-York, commanding and requiring them to abstain and refrain from directing, permitting or suffering, or attempting to permit, direct or suffer the defendant Bartholomew Purdy, commissioner of repairs and supplies, entering into, making or executing a contract…
1Opinion of the CourtMitchell, J.
The first question is, can a person owning real estate in the city of New-York and paying taxes on it, prosecute an action against the corporation, on behalf of himself and other tax-paying citizens, to enjoin them from expending the money to be raised by taxation, in repairing or paving a street in a manner contrary to an express law, and to add to the taxes of the citizens ?
In Adriance v. The Mayor, &c. of New- York, (1 Barb. S. C. R. 19,) a suit by a tax-payer was instituted, in a case where the corporation was about to appropriate the moneys of the city contrary to law. In Kirby and…
2Cases cited2 opinions
- Milhau v. SharpNew York Supreme Court · 1853
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
3Cited by9 opinions
- Mayor of Baltimore v. GillCourt of Appeals of Maryland · 1869
- Berry v. American Central Insurance Co. of St. LouisNew York Court of Appeals · 1892
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Davenport v. BuffingtonCourt of Appeals for the Eighth Circuit · 1899
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
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