Sweet v. City of Syracuse
New York Supreme Court
Appeal from special term, Onondaga county. Action by William A. Sweet, as a resident and tax-payer of the city of Syracuse, to have declared unconstitutional, inoperative, and void' chapter 291 of the Laws of 1889, entitled “An act to establish and maintain a water department in and for the city of Syracuse, ” and also chapter 314 of the Laws of 1890, which amended section 18 of the act of 1889; and to restrain the defendants from doing any act in furtherance or consummation…
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Appeal from special term, Onondaga county. Action by William A. Sweet, as a resident and tax-payer of the city of Syracuse, to have declared unconstitutional, inoperative, and void' chapter 291 of the Laws of 1889, entitled “An act to establish and maintain a water department in and for the city of Syracuse, ” and also chapter 314 of the Laws of 1890, which amended section 18 of the act of 1889; and to restrain the defendants from doing any act in furtherance or consummation of the scheme or plan of those acts. By the act of 1889 the mayor of the city of Syracuse was directed to appoint a…
1Opinion of the CourtMerwin, J.
The plaintiff in this case seeks a remedy.under the provisions of section 1925 of the Code of Civil Procedure,, as supplemented by chapter 531 of the Laws of 1881,. and chapter 673 of the Laws of 1887. Under these statutes it was held by the court of appeals in Talcott v. City of Buffalo, 26 N. E. Rep. 263, that the remedy was confined to cases where the acts complained of are without power, or where corruption, fraud, or bad faith amounting to fraud is charged; it being said that the terms “waste” and “injury” used in the statute “comprehended only illegal, wrongful, or dishonest official…
2Cases cited7 opinions
- Rexford v. . KnightNew York Court of Appeals · 1854
- Wheeler v. . SpinolaNew York Court of Appeals · 1873
- Mark v. . the StateNew York Court of Appeals · 1885
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Astor v. Arcade Railway Co.New York Court of Appeals · 1889
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3Cited by2 opinions
- Sweet v. City of SyracuseNew York Supreme Court · 1892
- Comstock v. City of SyracuseNew York Supreme Court · 1891