Green v. Shaw

This is an appeal from the granting of defendants’ motion to dismiss plaintiffs’ bill in equity brought against Mayor John Shaw and certain other officials of the city of Rochester. The Trial Court (Mullavey, J.) reserved and transferred the plaintiffs’ exceptions.

Plaintiffs brought their petition initially as nine members of the city council and as taxpayers of the city of Rochester. Subsequent to the bringing of this action six of the nine councilors ceased to be members of the city council so that their position as plaintiffs rests on their taxpayer status. It also appears that Mayor Shaw…