Gregory v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Simpson and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 23d day of August, 1915, overruling their demurrer to the complaint.
1Opinion of the Court
De Angeles, J.:
The action is brought by the plaintiff, a taxpayer of the city of Clean, to prevent waste of the funds of the city.
The complaint, after stating’ the title of the mayor and the common council, alleged that the defendant, Ernest L. Kallenback, was detailed, designated and appointed by the board of health of the city an inspector of plumbing in and for the city in the month of August, 1914; that he entered upon the discharge of the duties of such inspectorship immediately after such appointment and has ever since acted as such inspector; that he has received from the city a salary…
2Cases cited4 opinions
- Peck v. . BelknapNew York Court of Appeals · 1892
- Forman v. BostwickAppellate Division of the Supreme Court of the State of New York · 1910
- Whitney v. PatrickNew York Supreme Court · 1909
- Whitney v. PatrickAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- McClutchey v. Milwaukee CountyWisconsin Supreme Court · 1941
- Barile v. City Comptroller of UticaNew York Supreme Court · 1968