People ex rel. Hill v. Collins
New York Supreme Court
Motion to dissolve injunction. In this case, an injunction had been gra&ted by a county judge, restraining the collection of a tax for school purposes, levied and imposed by Collins, as trustee of the school district. Defendant Yan Yoorhes was the collector of the district, and was proceeding to enforce such tax. The motion was to dissolve the injunction.
1Opinion of the Court
E. Darwin Smith, Justice.
This is an action under the Code (§ 432), brought by the attorney general in the name of the people upon the relation of Jerome Hill, to try the title of the defendant Collins to the office of trustee, and of the defendant Yan Yoorhes to the office of collector of school district' Ho. 9, in the town of Victor, county of Ontario. Such' action is a substitute for the writ of quo warranto, and may be brought when any person shall usurp, intrude into or unlawfully hold or exercise any public office, civil or military, or any franchise, within this state. The only issue…
2Cited by2 opinions
- Nyboe v. AllenAppellate Division of the Supreme Court of the State of New York · 1958
- Ross v. WilsonNew York Court of Appeals · 1955