Metzger v. . Attica and Arcade R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiffs, as tax-payers of the town of Sheldon, Wyoming county, to restrain defendant, the Attica and Arcade Railroad Company, from negotiating certain bonds of the town, issued to it by defendants, Parker and others, as commissioners, appointed for that purpose, by a judgment or decision of the court in proceedings under the act authorizing municipal corporations to aid in the…
1Opinion of the CourtDanforth, J.
The defendant now concedes the bonds in question to have been issued under a judgment void for want of jurisdiction in the court which rendered it, and claims moreover that they are void for matters appearing upon their face. To this extent, then, there is acquiescence in the decision of the learned referee, but the appellant contends that for these very reasons there is no ground for equitable interference, and this might be so if the question turned upon the exercise of the general jurisdiction of a court of equity, (Story Eq. Jur., § 700; Heywood v. City of Buffalo, 14 N. Y., 542), but it…
2Cases cited1 opinion
- Ayers v. . LawrenceNew York Court of Appeals · 1874
3Cited by10 opinions
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Calhoun v. . MillardNew York Court of Appeals · 1890
- Rich v. Mentz TownshipSupreme Court of the United States · 1890
- Hills v. . Peekskill Savings BankNew York Court of Appeals · 1886
- Winkler v. SummersNew York Supreme Court · 1888
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