Mander v. Coleman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles Mander and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 21st day of August, 1905, vacating an injunction theretofore granted in the action.
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Appeal by the plaintiffs, Charles Mander and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 21st day of August, 1905, vacating an injunction theretofore granted in the action. The city of" Elmira is a municipal corporation having a special charter which provides among other things: “ § 31. It shall be the duty of the mayor at the first meeting of the common council after this act shall become a law, or as soon thereafter as may be, and in the year nineteen hundred' and five and thereafter…
1Opinion of the Court
Chase,. J.:
The evident -purpose and intention of the charter of the city of Elmira is to restrict expenditures by the comm'on council for the ordinary expenses of the city to $175,000 for the current year. Such.restriction upon the expenditures is exclusive of interest and principal falling due. within' the current year on-bonds issued by the city, and of all other liabilities of the city for which other provision is not made (Charter [Laws of 1894, chap. 615], § 31, subd. i, as amd. by Laws of 1904, chap. 367), of an amount not exceeding $25,000 for pavements' and sidewalks.(Id. § 148, as…
2Cited by5 opinions
- Knapp v. FasbenderAppellate Division of the Supreme Court of the State of New York · 1951
- In re the Probate of the Last Will & Testament of TurrellNew York Surrogate's Court · 1899
- Burns v. City of WatertownNew York Supreme Court · 1925
- Brannin v. Sweet Grass CountyMontana Supreme Court · 1930
- Knapp v. FasbenderNew York Court of Appeals · 1956