Hearst v. McClellan
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by William R. Hearst against George B. McClellan, as mayor of the city of New York, and Edward M. Grout, as comptroller of such city, and another. From an order denying a temporary injunction pendente lite, the mayor and comptroller appeal. Reversed.
1Opinion of the CourtMiller, J.
The defendants appeal from an order of the Special Term continuing a temporary injunction pendente lite, granted in a taxpayer’s áction brought by the plaintiff to restrain the audit and payment of certain bills for gas and electric lighting in excess of 80 and 60 per cent, of the face thereof, respectively. The order is challenged in this court upon the ground that the moving papers contain no statements of fact upon which fraud, bad faith, or illegal, corrupt, or dishonest conduct can be predicated, while the respondent insists, first, that the action can be maintained without such proof;…
2Cases cited12 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Roosevelt v. . DraperNew York Court of Appeals · 1861
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3Cited by1 opinion
- Marsch v. SeibertNew York Supreme Court · 1915