People ex rel. Morgan v. Board of Supervisors
New York Supreme Court
Appeal from special term, Westchester county. Action by the people of the state of Hew York at the relation of Charles V. Morgan against the board of supervisors of Westchester county, under the statute for the protection of tax-payers, to restrain defendant from levying a tax for $25,000 illegally and fraudulently appropriated at a town meeting in Eastcliester to highway purposes.
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Appeal from special term, Westchester county. Action by the people of the state of Hew York at the relation of Charles V. Morgan against the board of supervisors of Westchester county, under the statute for the protection of tax-payers, to restrain defendant from levying a tax for $25,000 illegally and fraudulently appropriated at a town meeting in Eastcliester to highway purposes. An action had been previously brought against the predecessors of the present board for the same purpose, and an injunction granted; but the present board, conceiving that they were not bound by that injunction,…
1Opinion of the CourtPratt, J.
The bills of costs and allowance complained of were taxed and allowed on consent of the attorneys; and, under all the circumstances, we think the court below was justified. The bill of defendant’s attorney has been audited and allowed, and the litigation ended under the stipulations made by the attorneys. The defendants have' been guilty of loches in moving to correct the judgment, and, if their attorney exceeded his authority, or committed any wrong by which they were damnified, tneir remedy is against the attorney. The judgment seems to be satisfactory to defendants, except the items of…
2Cases cited2 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1881
- Robins v. GouldNew York Supreme Court · 1876
3Cited by1 opinion
- Way v. Town of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1980