People v. Tweed
New York Supreme Court
Ceoss appeals from an order made at Special Term, providing that plaintiffs should serve an amended complaint, wherein they should specify what right in the premises was claimed by the Mayor, etc.
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Ceoss appeals from an order made at Special Term, providing that plaintiffs should serve an amended complaint, wherein they should specify what right in the premises was claimed by the Mayor, etc. That plaintiffs should either strike out so much of the complaint as alleges a neglect to audit the claims referred to, or should state in the complaint that they do not rely on the neglect to audit as a cause of action; or if plaintiffs do elect to rely on the neglect to audit as a cause of action, that they shall strike out so much of the complaint as sets forth any fraud, conspiracy or…
1Opinion of the Court
Davis, P. J.:
This action is brought bj the attorney-general in the name of the people of the State of New York, under the provisions of chapter 49 of the Laws of 1875. (Laws of 1875, p. 43.) The right of action is by that act vested in the people of the State in their corporate capacity, and authority is given to maintain and prosecute the action independently of any other public authority, and whether or not such authority be a party to the action brought by or on behalf of the State. Provision is, however, made by the second section of the act, by which the court in its discretion may order…
2Cases cited1 opinion
- Williams v. ShawNew York Supreme Court · 1857