Wilcox v. . McClellan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oonrt in the first judicial department, entered January 17, 1906, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Oonrt in the first judicial department, entered January 17, 1906, which affirmed a judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The statutes are in clear violation of the home rule principle as secured to cities Ly article 10, section 2, of the Constitution of this state, because important functions pertaining to the board of aldermen have, during the incumbency of the members elected to that body, been transferred by the…
1Opinion of the CourtO’Brien, J.
This action was brought by a taxpayer of the city of Sew York against the mayor and the other officials of that city constituting the board of estimate and apportionment. The purpose of the action was to restrain the board from proceeding to exercise the various powers conferred by the statutes hereinafter referred to. The defendants demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained by the trial court, and the judgment was subsequently affirmed on appeal.
The plaintiff’s case is based entirely upon…
2Cases cited1 opinion
- Rathbone v. . WirthNew York Court of Appeals · 1896
3Cited by15 opinions
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Gas & Electric Securities Co. v. Manhattan & Queens Traction Corp.Court of Appeals for the Second Circuit · 1920
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Council of New York v. Public Service CommissionNew York Court of Appeals · 2002
- Blanshard v. City of New YorkNew York Supreme Court · 1931
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