Rogers v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James L. Taylor and others, the proprietors of certain newspapers published in Westchester county, 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 Westchester on the 17th day of May, 1902, enjoining the board of supervisors of Westchester county, the clerk of said board and the treasurer of said county from paying certain bills for the publication, of legal notices in…
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Appeal by the defendants, James L. Taylor and others, the proprietors of certain newspapers published in Westchester county, 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 Westchester on the 17th day of May, 1902, enjoining the board of supervisors of Westchester county, the clerk of said board and the treasurer of said county from paying certain bills for the publication, of legal notices in such newspapers.
1Opinion of the Court
Woodward, J.:
This is a taxpayer’s action, and the rule is well settled that in actions of this character the court in the exercise of its discretion may properly grant the plaintiff an injunction, and that it will be sustained unless “ we are able to see on an examination of the complaint that he is clearly and certainly not entitled to the ultimate relief which he seeks.” (Ziegler v. Chapin, 126 N. Y. 342, 347; Warrin v. Baldwin, 105 id. 534, 537; Armstrong v. Grant, 56 Hun, 226, 228, 229. See, also, Peck v. Belknap, 130 N. Y. 394, 398, 399; Webb v. Bell, 22 App. Div. 314, 318, 319.) An…
2Cases cited12 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Bush v. . O'BrienNew York Court of Appeals · 1900
- In Re the Petition of George DouglassNew York Court of Appeals · 1871
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bloom v. MayorAppellate Division of the Supreme Court of the State of New York · 1970
- Gardner v. Town of CameronAppellate Division of the Supreme Court of the State of New York · 1913
- Wein v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1975
- Daly v. HaightAppellate Division of the Supreme Court of the State of New York · 1914
- Bergheim v. HofstatterAppellate Division of the Supreme Court of the State of New York · 1934
2 more not listed; retrieve them via the Exa API.