Wilmerding v. La Guardia

The law of this case has, for the most part, been laid down by the unanimous decision of the Appellate Division sustaining the legal sufficiency of the complaint. (Wilmerding v. La Guardia, 268 App. Div. 496.) My province is to interpret the opinion of the higher court and to apply it to the facts developed at the trial. The law, as established by the Appellate Division may be summarized as follows:(1) A threatened expenditure, of public funds, under an illegal appropriation, although for a purpose in itself lawful, is sufficient to sustain a taxpayer’s action.(2) The appropriation, insofar…