Bush v. . O'Brien
New York Court of Appeals
Appeal, by permission, from an interlocutory judgment of the Supreme Court, entered April 9, 1900, upon an order of the Appellate Division in the first judicial department, made February 9,1900, affirming a judgment sustaining a demurrer to the complaint, entered upon a decision of the court on trial at Special Term. The nature of the action, the question certified and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an interlocutory judgment of the Supreme Court, entered April 9, 1900, upon an order of the Appellate Division in the first judicial department, made February 9,1900, affirming a judgment sustaining a demurrer to the complaint, entered upon a decision of the court on trial at Special Term. The nature of the action, the question certified and the facts, so far as material, are stated in the opinion. The statutes permit a taxpayer to obtain redress for any illegal official act, whether resulting in a judgment or otherwise, and do not require any proof of fraud or…
1DissentO’Brien, J.
The plaintiff, as a taxpayer of the city of Hew York, brought this action against the city and the comptroller, in his official capacity, to restrain them from paying certain judgments recovered against the city by the other defendants composing the firm of O’Brien & Clark and Brown, Howard & Co. All of the defendants interested in the judgments demurred to the complaint on the .ground that it did not state a cause of action. The demurrer has been sustained in the courts below, and the only question involved in the appeal to this court, is whether, upon the facts appearing on the face of the…
2Cases cited16 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Lorillard v. . ClydeNew York Court of Appeals · 1890
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