State Bank of Chittenango v. Button

The complaint of the plaintiffs in this action has been dismissed on the grounds (1) that another action or proceeding is pending between the same parties for the same cause and (2) upon the further ground that the complaint fails to allege facts sufficient to constitute a cause of action. Defendants appeal from the order of dismissal. Plaintiffs are residents of the Village of Chittenango, New York, and property owners therein. Their complaint is framed in equity to have the assessment roll of the Village of Chittenango for the year 1957 declared illegal, void and jurisdietionally defective;…