McBride v. Ashley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. McBride, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 1st day of November, 1915, denying plaintiff’s motion to continue a temporary injunction pendente lite.
1Opinion of the Court
Foote, J.:
This is a taxpayer’s action brought against defendants as commissioners of common schools of the city of Utica to restrain them from entering into contracts for installing heating and ventilating plants in two public school buildings in that city.
Plaintiff appeals from an order of the Special Term denying his motion to continue during the pendency of the action a temporary injunction enjoining any such contracts.
The ground of the appeal is that defendants are without power to contract for the repair of existing, or the erection of new, schoolhouses. The Special Term (See 91 Misc.…
2Cases cited1 opinion
- McBride v. AshleyNew York Supreme Court · 1915
3Cited by1 opinion
- People ex rel. Kipper v. EllingerAppellate Division of the Supreme Court of the State of New York · 1934