Thatcher v. Dusenbury
New York Supreme Court
A motion is made in this case for an injunction, under an order to show cause, made by Justice Clerke. The complaint alleges that the plaintiff is a holder of real estate in the town of Pelham, and a resident and tax-payer of that town. That the defendants are commissioners of highways of that town, and, as such commissioners, have undertaken to open two several roads therein.
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A motion is made in this case for an injunction, under an order to show cause, made by Justice Clerke. The complaint alleges that the plaintiff is a holder of real estate in the town of Pelham, and a resident and tax-payer of that town. That the defendants are commissioners of highways of that town, and, as such commissioners, have undertaken to open two several roads therein. That such roads are unnecessary, and the proceedings for opening the same were conducted fraudulently in various respects, particularly alleged in the-complaint; that, the property taken for these roads was overvalued;…
1Opinion of the Court
Rockwell, Justice.
The defendants have put in their answer; but from the view that I have taken of the matter, 1 have considered it. entirely unnecessary to advert to its contents. The complaint, in my opinion, does not state a case which authorizes the interposition of this court.
The plaintiff supposes that the court, by virtue of its equity power, is authorized to relieve him, by declaring the proceed*34ings for the assessment and levying of'a tax to be void, and by restraining the collection of such tax.
In this I think he is clearly mistaken. A court of equity has no right to inquire into the…
2Cases cited2 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
3Cited by4 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Noble v. City of IndianapolisIndiana Supreme Court · 1861
- White v. HewlettSupreme Court of Alabama · 1904
- Heywood v. City of BuffaloNew York Court of Appeals · 1856