Gubner v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adolph C. Gubner, from, an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on. the 7'th day of December, 1908, denying a motion for an injunction pendente lite, in a taxpayer’s action to restrain the defendant officials from paying any moneys to the Public Service Commission for the first district, and from complying in any manner with the requirements set forth in section…
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Appeal by the plaintiff, Adolph C. Gubner, from, an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on. the 7'th day of December, 1908, denying a motion for an injunction pendente lite, in a taxpayer’s action to restrain the defendant officials from paying any moneys to the Public Service Commission for the first district, and from complying in any manner with the requirements set forth in section 14 of chapter 429 of the Laws of 1907.
1Opinion of the Court
Clarke, J.:
This is a taxpayer’s suit to restrain the mayor, comptroller and chamberlain of the city of Hew York from paying to the Public Service Commission of the first district, or to any person at its direction, the moneys required to be appropriated and paid by section 14 of chapter 429 of the Laws of 1907, upon the ground that any such payments would be illegal official acts, and a waste of the funds of the city. Plaintiff applied upon the summons and complaint for an injunction pendente lite. The application was denied. From the order entered thereon plaintiff appeals.
The complaint…
2Cases cited18 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
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3Cited by12 opinions
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- Hermitage Co. v. GoldfogleAppellate Division of the Supreme Court of the State of New York · 1923
- People ex rel. Phillips v. RaynesAppellate Division of the Supreme Court of the State of New York · 1910
- Buchanan v. Town of SalinaAppellate Division of the Supreme Court of the State of New York · 1945
- Arthur v. City of PetalumaCalifornia Court of Appeal · 1915
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