Ziegler v. . Chapin
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the second judicial department, made March 2, 1891,' which affirmed an order of Special Term granting an injunction pendente lite.
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Appeal from order of tlie General Term of the Supreme Court in the second judicial department, made March 2, 1891,' which affirmed an order of Special Term granting an injunction pendente lite. This was an action by a taxpayer of the city of Brooklyn against its mayor, comptroller and auditor, and the Long Island Water Supply Company to annul a contract by said officials with said company for -the purchase for or on behalf of said city of the property, franchises, etc., of said company. The contract in question was entered into by said officials December 22,1890, they claiming to act under…
1Opinion of the CourtFinch, J.
It is conceded that we cannot review the order of the Special Term which restrains the defendant officials -from purchasing the property and francliises of the Long Island Water Supply Company if the complaint states a good cause of action. The suit is brought by a taxpayer of the city of Brooklyn to prevent such purchase as being illegal and unauthorized and amounting to a waste of the property and funds of the city, and it was a proper and reasonable exercise of discretion on tlie part of the court to restrain the purchase pending the litigation in aid of the plaintiff’s remedy, unless we…
2Cases cited2 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
3Cited by61 opinions
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Matter of City of BrooklynNew York Court of Appeals · 1894
- Adamson v. Nassau Electric RailroadNew York Supreme Court · 1895
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