Peck v. Belknap
New York Supreme Court
Appeal from special term, Monroe county. Action for an injunction brought by William F. Peck against George Belknap, impleaded with the mayor, clerk, and treasurer of the city of Kochester, to enjoin the mayor from entering into a contract with Belknap to examine the street-lamps, and make report of their condition, and to enjoin the clerk from drawing an order on the treasurer for the payment of such services, and the treasurer from paying the same.
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Appeal from special term, Monroe county. Action for an injunction brought by William F. Peck against George Belknap, impleaded with the mayor, clerk, and treasurer of the city of Kochester, to enjoin the mayor from entering into a contract with Belknap to examine the street-lamps, and make report of their condition, and to enjoin the clerk from drawing an order on the treasurer for the payment of such services, and the treasurer from paying the same. The resolution of the common council of the city of Rochester for the defeat of which this action was instituted was passed December 20, 1887,…
1Opinion of the CourtMacomber, J.
The plaintiff who brings this action is a tax-payer on an assessment of property of the value of a thousand dollars and upwards, and claims the right to the relief granted to him by the special term, under the-act of the legislature (chapter 531, Laws 1881) entitled"“An act for the protection of tax-payers,” and the amendment thereto contained in chapter 673 of the Laws of 1887. The complaint makes suitable averments, bringing the plaintiff within the class of persons entitled to begin an action under these statutes, provided the object of the action is one which was contemplated by such…
2Cases cited3 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Hull v. ElyNew York Supreme Court · 1877
3Cited by1 opinion
- Wall v. Continental Casualty Co.Missouri Court of Appeals · 1905