People ex rel. Collins v. Ahearn
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of New York and by John Cloughen, as commissioner of public works, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1909, granting the relator’s motion to join them as parties defendant.
1Opinion of the Court
Laughlin, J.:
The nature of this proceeding is stated in the other appeal herein by the city and by Cloughen, argued and decided herewith. (People ex rel. Collins v. Ahearn, No. 1, 137 App. Div. 260.) The views expressed in the opinion on the other appeal are applicable in part here and need not be restated. The theory of the learned counsel for the relator is that although the proceeding is instituted against the borough president by name and in the title of his office,' yet that in effect it is' a procéeding agái'nst the municipality, and that if not, Cloughen is Ahearn’s. successor, or the.…
2Cases cited2 opinions
- People Ex Rel. Collins v. . AhearnNew York Court of Appeals · 1908
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Greenberg v. City of New YorkNew York Supreme Court · 1934
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910