Board of Health v. Magill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Zeph F. Magill, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the •clerk of the county of Albany on the 8th day of March, 1897, upon the decision of the court, rendered after a trial at the Ulster Special Term, overruling the defendant’s demurrer to the complaint, interposed upon the ground that the plaintiff has not legal capacity to sue.
1Opinion of the Court
Merwin, J.:
The plaintiff claims that the defendant is maintaining a nuisance within the limits of the village of Green Island, and this action is brought for its abatement and the enforcement of the orders and regulations of the plaintiff in regard to it. The allegation of the' complaint is that the plaintiff has all the powers and franchises conferred upon local boards of health by the laws of the State of Hew York. The question upon this appeal is whether the plaintiff, in its own name, has a right to maintain this action. That depends upon the construction to be given to the following…
2Cases cited2 opinions
- Gould v. . City of RochesterNew York Court of Appeals · 1887
- People ex rel. Board of Health v. Board of SupervisorsNew York Supreme Court · 1854
3Cited by5 opinions
- Morton v. St. Patrick's Roman Catholic Church Society of SalamancaNew York Supreme Court · 1907
- Reynolds v. President of the Village of OssiningAppellate Division of the Supreme Court of the State of New York · 1905
- Village of White Plains v. Tarrytown, White Plains & Mamaroneck Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Morton v. St. Patrick's Roman Catholic Church SocietyNew York Supreme Court · 1906
- Reynolds v. President & Trustees of the Village of OssiningAppellate Division of the Supreme Court of the State of New York · 1905