Williams v. . Boynton
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme Court in the third judicial department, entered upon an order made September 28, 1893, which reversed a judgment in favor of defendant dismissing the complaint upon the merits entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of tlie General Term of the Supreme Court in the third judicial department, entered upon an order made September 28, 1893, which reversed a judgment in favor of defendant dismissing the complaint upon the merits entered upon a decision of the court on trial at Special Term. This was- an action brought hy a taxpayer and resident of the county of Essex for the purpose of having certain proceedings of the hoard of supervisors of that county for the removal of the county seat declared illegal and void, and restraining the defendant from any official acts for submission of the…
1Opinion of the CourtFinch, J.
The appellant contests the right of the plaintiff to maintain this action at all, because there is no evidence that the cleric had threatened to submit the question of removing the county seat to the electors. It needed no threat to establish the danger apprehended. The cleric, as a public officer, was required by law to make the submission upon the direction of the board of supervisors. That direction had been given. It was his official duty to obey it, and the presumption is that lie was about to do so, and would do so unless restrained by the order of - the court. The case was not one of a…
2Cited by24 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Heyward v. LongSupreme Court of South Carolina · 1935
- Wenk v. . City of New YorkNew York Court of Appeals · 1902
- Dailey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Oliver v. Mayor of Jersey CitySupreme Court of New Jersey · 1899
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