Messeck v. Board of Supervisors
New York Supreme Court
THIS is an appeal from an order of the special term overruling a demurrer to the complaint in the above action.
1Opinion of the Court
By the Court,
Ingalls, J.
Whatever may be the real merits of this controversy, we are of opinion that the complaint fails to present a case which entitles the plaintiff to the relief therein demanded. In other words, an injunction is an inappropriate remedy, as the plaintiff fails to state a case within any acknowledged head of equity jurisdiction. It has been repeatedly held that .the equity powers of this court cannot be successfully invoked to stay or prevent the assessment or collection of a tax. (Heywood v. The City of Buffalo, 14 N. Y. Rep. 534. The Mayor of Brooklyn v. Meserole, 26 Wend.…
2Cases cited9 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Tripp v. CookNew York Supreme Court · 1841
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Susquehanna Bank v. . Supervisors of Broome CountyNew York Court of Appeals · 1862
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- City of Delphi v. BowenIndiana Supreme Court · 1877
- Wells, Fargo & Co. v. DaytonNevada Supreme Court · 1876
- Hallett v. Board of County CommissionersSupreme Court of Colorado · 1907
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
7 more not listed; retrieve them via the Exa API.