Lewis v. Oliver
New York City Court
Motion for a perpetual injunction. This was an injunction suit brought by W. Lewis, E. T. Back-house, and others, against Joseph Oliver and the Common Council of the city of Brooklyn. The facts on which the suit was based, are stated in the opinion of the court. On the complaint, a temporary injunction was granted, which plaintiffs now sought to ha,ve made perpetual.
1Opinion of the CourtCulver, J.
—The plaintiffs, who represent themselves as freeholders and tax-payers of the city of Brooklyn, ask an injunction restraining the defendant Oliver from taking his seat and acting as an alderman of the Ninth Ward, and enjoining the Common Council from recognizing him as such; on the ground that he was not legally elected. They allege there was no vacancy to be filled at the time he professes to have been elected.
The facts alleged in the complaint, upon which the preliminary injunction was granted, have, to some extent, been modified by the answer and the accompanying affidavits. The complaint…
2Cases cited1 opinion
- People v. CookNew York Supreme Court · 1852
3Cited by6 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- State Ex Rel. Standeven v. ArmstrongSupreme Court of Oklahoma · 1911
- Ciancimino v. ManNew York Court of Common Pleas · 1892
- Johnston v. CarsideNew York Supreme Court · 1892
- Palys v. JewettSupreme Court of New Jersey · 1880
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