Hearst v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George B. McClellan, as mayor of the city of Hew York, and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 19th day of December, 1904, continuing pendente lite a temporary injunction theretofore granted in the action.
1Opinion of the Court
Miller, J.:
The defendants appeal from an order of the Special Term continuing a temporary injunction pendente lite, granted in a taxpayer’s action brought by the plaintiff to restrain the audit and payment of certain bills for gas and electric lighting in excess of eighty and sixty per cent of the face thereof respectively. The order is challenged in this court upon the ground that the moving papers contain no statements of facts upon which fraud, had faith or illegal, corrupt or dishonest conduct can be predicated, while the respondent insists, first, that the action can be maintained…
2Cases cited9 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- Knowles v. . City of New YorkNew York Court of Appeals · 1903
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3Cited by15 opinions
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1915
- Borek v. GolderNew York Supreme Court · 1947
- Barile v. City Comptroller of UticaNew York Supreme Court · 1968
- Oscar Daniels Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1921
- Dunning v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 1910
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