Legal Opinion

In re Application of the Taxpayers & Freeholders

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 7 opinions

Appeal by Alfred Guibord and others from an -order -made by a justice of the Supreme Court and entered in the office of the -clerk of the county of Clinton on the 7th day of April, 1897, declaring certain acts of the appellants, as officers of the village of Plattsburgh, illegal, restraining the payment of certain claims against said-village contracted by such officers, and imposing upon them the pay-' ment of the costs of the proceeding.

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Appeal by Alfred Guibord and others from an -order -made by a justice of the Supreme Court and entered in the office of the -clerk of the county of Clinton on the 7th day of April, 1897, declaring certain acts of the appellants, as officers of the village of Plattsburgh, illegal, restraining the payment of certain claims against said-village contracted by such officers, and imposing upon them the pay-' ment of the costs of the proceeding. In February, 1897, an affidavit was presented to a justice of the' Supreme Court, verified by some twenty-seven freeholders of the village of Plattsburgh,…

1Opinion of the Court

Herrick, J.:

We are asked to review, upon this appeal, not only that portion of'the justice’s decision in which he enjoins the officers.of the vih lage of Plattsburgh from paying certain specific claims or parts of *357claims, but also to review his decision iu regard to alleged illegal payments made or liabilities incurred, and now outstanding against said, village, because, as it is claimed, his findings and decisions in relation thereto will be conclusive upon.the defendants in the event of any proceedings being taken against them to cause them to.pay into the village treasury the moneys thus…

2Cases cited4 opinions

  1. Smith v. . City of AlbanyNew York Court of Appeals · 1875
  2. In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
  3. Beebe v. Board of Sup'rsNew York Supreme Court · 1892
  4. People ex rel. Guibord v. KelloggAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by7 opinions

  1. Whalen v. LefkowitzNew York Court of Appeals · 1975
  2. City Affairs Committee v. Board of CommissionersSupreme Court of New Jersey · 1946
  3. Valentine v. RobertsonCourt of Appeals for the Ninth Circuit · 1924
  4. Fitts v. Commission of City of BirminghamSupreme Court of Alabama · 1932
  5. Fitts v. Commission of City of BirminghamSupreme Court of Alabama · 1932

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