Hecker v. Mayor
New York Supreme Court
Motiou to dissolve an injunction. John Hecker brought suit, as a tax-payer of the city of Hew York, against the corporation of that city, and the mayor, comptroller, city inspector, corporation counsel, and city chamberlain of that city, and F. A. Palmer, president of the Broadway Bank, to restrain them from paying certain sums for the cleaning of the streets.
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Motiou to dissolve an injunction. John Hecker brought suit, as a tax-payer of the city of Hew York, against the corporation of that city, and the mayor, comptroller, city inspector, corporation counsel, and city chamberlain of that city, and F. A. Palmer, president of the Broadway Bank, to restrain them from paying certain sums for the cleaning of the streets. The complaint set out the statute forbidding contracts to be entered into without advertising for proposals, and the law directing a contract" to be made by the mayor, comptroller, and city inspector for the cleaning of the streets, and…
1Opinion of the CourtIngraham, J.
Many of the questions which will be raised in this action are of such a character that they ought not to be *371finally decided on a preliminary motion to .dissolve the injunction, and among them are the questions as to the right of the plaintiff to bring this action, and the remedy which the "plaintiff may eventually be entitled to if he should succeed on the trial of the case. Upon those questions I refrain from expressing any opinion, because there are other valid grounds upon which my decision of this motion must rest.
The defendant, the comptroller, is restrained from paying out any public…
2Cases cited9 opinions
- Campbell v. MorrisonNew York Court of Chancery · 1838
- Dunning v. RobertsNew York Supreme Court · 1862
- Bank of Orleans v. SkinnerNew York Court of Chancery · 1841
- Burgess v. SmithNew York Court of Chancery · 1847
- Fowler v. BurnsThe Superior Court of New York City · 1860
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. McGaheyNorth Dakota Supreme Court · 1904
- Cushing v. RuslanderNew York Supreme Court · 1888
- State ex rel. Register v. PattersonNorth Dakota Supreme Court · 1904
- Bertha Zinc & Mineral Co. v. CluteNew York Court of Common Pleas · 1894
- Harlem Gas Light Co. v. The Mayor, Aldermen & Commonalty of the City of New YorkThe Superior Court of New York City · 1865
2 more not listed; retrieve them via the Exa API.