Havemeyer v. Ingersoll
New York Supreme Court
Order to show cause cause why an order for defendant’ s examination should not be vacated. This cause was entitled as follows: “ William "F. Havemeyer, a resident of the city of New York, and assessed to pay taxes therein, and who pays taxes therein, who sues for himself and all others similarly situated, plaintiff, against James H. Ingersoll, the mayor, aldermen and commonalty of the city of New York, and the board of supervisors of the county of New York, defendants.”
Read the full summary
Order to show cause cause why an order for defendant’ s examination should not be vacated. This cause was entitled as follows: “ William "F. Havemeyer, a resident of the city of New York, and assessed to pay taxes therein, and who pays taxes therein, who sues for himself and all others similarly situated, plaintiff, against James H. Ingersoll, the mayor, aldermen and commonalty of the city of New York, and the board of supervisors of the county of New York, defendants.” The summons was for relief. The plaintiff applied to the court upon the summons and his own affidavit, for an. order…
1Opinion of the CourtIngraham, P. J.
In the case of Foley v. Mayor, &c., Justice Bakxaed decided that the plaintiff had a standing in court, and could maintain the action, as a tax-payer, in behalf of himself and others who should come in as plaintiffs, but did not decide the' question as to the constitutionality of section 3 of the act of 1864, chapter 405.
I concur with him that such question should not be adjudicated on a motion similar to the present, nor should it ever be done on ordinary motions affecting questions of practice, unless it has been passed upon by a court in a more formal manner, or the invalidity of the act…
2Cases cited1 opinion
- Bell v. RichmondNew York Supreme Court · 1868
3Cited by1 opinion
- Wertheim v. Continental Ry. & Trust Co.District Court, S.D. New York · 1883