Lowber v. Mayor of New York
New York Supreme Court
Motion by a tax-payer in the city of Mew York to have a a judgment recovered against the city opened, and the defendants let in to defend the action.
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Motion by a tax-payer in the city of Mew York to have a a judgment recovered against the city opened, and the defendants let in to defend the action. This motion was brought on before Mr. Justice Peabody, then holding the regular special , term appointed to be held for the city and county of Mew York, for September, 1857. On account of the pressure of business before him, an application was afterwards made to have the motion heard before Mr. Justice Roosevelt, then sitting at chambers.
1Opinion of the CourtRoosevelt, J.
—A motion is made on behalf of the comptroller, as the chief financial officer of the city, and as a citizen and tax-payer, and one of the members of the corporate body denominated the Mayor, Aldermen, and Commonalty, the ulti*327mate effect of which is to obtain a perpetual stay of proceedings on a judgment for about $200,000, entered up, as he in substance alleges, by a quasi confession, without any just or real cause of action against the city.
Two preliminary objections are raised: first, that the presiding judge is not holding a court; and secondly, that the applicant has no standing in court.
2Cases cited1 opinion
- Baker v. Judges of Ulster Common PleasNew York Supreme Court · 1809
3Cited by3 opinions
- Kay v. Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1940
- Stewart v. ButlerNew York Supreme Court · 1899
- City of Logansport v. JusticeIndiana Supreme Court · 1881