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…
1Opinion of the CourtHaight, J.
The defendants O’Brien, Clark and Brown interposed a demurrer to the .plaintiff’s complaint upon the ground that it does not state facts sufficient to constitute a cause of action, and the question certified is, does the complaint state sufficient facts, etc.
The action was brought by the plaintiff as a taxpayer of the city of New York to restrain the demurring defendants from collecting, and the comptroller of the city from paying, certain judgments which the demurring defendants had obtained against -the city of New York, amounting in the aggregate to $700,000.00. The complaint alleges that…
2Cases cited10 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Stone v. Bank of CommerceSupreme Court of the United States · 1899
- Arthur v. . Homestead Fire Ins. Co.New York Court of Appeals · 1879
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3Cited by36 opinions
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- Wenk v. . City of New YorkNew York Court of Appeals · 1902
- Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
- Matter of Lyon Co. v. MorrisNew York Court of Appeals · 1933
- City of Medford v. CorbettMassachusetts Supreme Judicial Court · 1939
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