Legal Opinion

Boon v. City of Utica

New York Supreme Court

Decided August 15, 1893PublishedCited by 1 opinion

Upon a decision made by Judge Yann, June 2, 1893, a judgment was entered in Oneida county clerk’s office against the defendants, adjudging “ that the common council of the city of Utica, and the several members thereof, jointly and severally, and each and every one of them, and each and every one of the officers and agents of said city, be each and every one of them hereby is perpetually enjoined and restrained from making any contract, or doing any act or thing towards, or…

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Upon a decision made by Judge Yann, June 2, 1893, a judgment was entered in Oneida county clerk’s office against the defendants, adjudging “ that the common council of the city of Utica, and the several members thereof, jointly and severally, and each and every one of them, and each and every one of the officers and agents of said city, be each and every one of them hereby is perpetually enjoined and restrained from making any contract, or doing any act or thing towards, or in aid of, or pertaining to making any contract with any person or corporation for the paving of the following streets…

1Opinion of the CourtHardin, J.

Plaintiffs challenge the validity of the appeal so far as the city of Utica is concerned, and insist that it was taken without authority. The proofs before the court show that Josiah Perry Avas corporation counsel and Avas properly and regularly named as the attorney of record for the defend*586ants at the time the decision was rendered. His predecessor, Mr. Calder, had retired from office in the spring, and had given a substitution to Mr. Perry, and, therefore, he was the regular attorney of the defendants before and at the time of the entry of judgment, and it appears that the defense of the…

2Cases cited9 opinions

  1. Mygatt v. . WilcoxNew York Court of Appeals · 1871
  2. Connett v. City of ChicagoIllinois Supreme Court · 1885
  3. Ferguson v. . CrawfordNew York Court of Appeals · 1881
  4. Davis v. . BoweNew York Court of Appeals · 1889
  5. Fry v. BennettThe Superior Court of New York City · 1858

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Town of Hempstead v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1910

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