In re Town of Eastchester
New York Supreme Court
Appeal from special term, Westchester county. Petition by certain freeholders of the town of Eastchester, for an investigation into the financial affairs of that town, and for an injunction to restrain payment of certain bills. The petition was filed under Laws N. T. 1879, c. 807, which is entitled “An act to provide for the summary investigation of unlawful or corrupt expenditures by officers of towns or incorporated villages, and for restraining the same.”
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Appeal from special term, Westchester county. Petition by certain freeholders of the town of Eastchester, for an investigation into the financial affairs of that town, and for an injunction to restrain payment of certain bills. The petition was filed under Laws N. T. 1879, c. 807, which is entitled “An act to provide for the summary investigation of unlawful or corrupt expenditures by officers of towns or incorporated villages, and for restraining the same.” The prayer of the petition was granted, and David Quackinbush, a supervisor of the town, appeals.
1Opinion of the CourtPratt, J.
The act in question is a remedial statute to prevent waste of public moneys, and must be liberally construed to effectuate such intent. It is in no sense an act to punish acts already done, but to prevent the doing of acts prejudicial to the public interest. The petition was in due *121form, and contained all the allegations necessary to set the machinery provided in the act in motion.
The fact that the petitioners had other remedies to prevent waste of the public moneys is not material, as the statute gave them specifically this remedy.
Neither does the fact that the bills had been examined and…
2Cited by6 opinions
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Arbitration between Eagle Insurance & RuizNew York Supreme Court · 1988
- In re the Application for the Investigation of the Expenditures of the Village of MonticelloNew York Supreme Court · 1924
- Kinsella v. City of AuburnNew York Supreme Court · 1889
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