Mixer v. Adam
New York Supreme Court
Action by ICnowlton Mixer against James N. Adam, as mayor, and others. Motion by plaintiff to open a default judgment of dismissal.
1Opinion of the CourtRambert, J.
This is a taxpayers’ action to procure a judgment decreeing a paving contract void, and to restrain the defendant city from paying to the defendant, the German Rock Asphalt Company, Limited, any money on account of having done and completed the1 work of paving under the contract mentioned.
*1096A preliminary injunction was granted upon the application of the plaintiff by Mr. Justice Wheeler. The defendants moved upon affidavits, at Special Term, for its vacation. The motion was heard before Mr. Justice White, and he vacated the order of injunction. An appeal was taken from the order thus entered to…
2Cases cited3 opinions
- Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Prager v. BeardsleyAppellate Division of the Supreme Court of the State of New York · 1909
- Sutter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Mixer v. AdamAppellate Division of the Supreme Court of the State of New York · 1911