Legal Opinion

Cahill v. . Hogan

New York Court of Appeals

Decided January 24, 1905PublishedCited by 7 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 28, 1904, which affirmed an order of Special Term restraining the defendants from acting as members of the municipal improvements commission of the city of Troy under the provisions of chapter 629 of the Laws of 1904, and also restraining the issuance of bonds thereunder.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 28, 1904, which affirmed an order of Special Term restraining the defendants from acting as members of the municipal improvements commission of the city of Troy under the provisions of chapter 629 of the Laws of 1904, and also restraining the issuance of bonds thereunder. The following questions were certified : “ First-. Do the provisions of Chapter 629 of the Laws of 1904 of the State of Hew York (a local bill applicable to the City of Troy only), whereby…

1Opinion of the CourtO’Brien, J.

This is a taxpayer’s action to x-estrain the mayor of the city of Troy and certain of its other executive officers from carrying into effect and executing an act of the legislature purporting to amend the charter of that city, being chapter 629 of the Laws of 1904, which became a law on the ninth day of May of that year. The appeal is from an order of the Appellate Division which affirmed an order of the Special Term granting a preliminary injunction restraining the defendants during the pendency of the action. The learned court, below has certified to us five distinct questions or…

2Cases cited1 opinion

  1. People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904

3Cited by7 opinions

  1. Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
  2. South v. FishCourt of Appeals of Kentucky · 1918
  3. Willis v. . City of RochesterNew York Court of Appeals · 1916
  4. Vroman v. FishNew York Supreme Court · 1917
  5. City of Rye v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1969

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