Legal Opinion

Barker v. Town of Oswegatchie

New York Supreme Court

Decided November 30, 1891Published

Appeal from special term, St. Lawrence county. Action in the name of Matthew Barker, a tax-payer of the town of Oswegatchie, in St. Lawrence county, to restrain the town, its supervisor, and board of town auditors and commissioner of highways, also the board of supervisors of St. Lawrence county, and certain commissioners appointed by such board, from further action under a bill of resolution of the board of supervisors of St. Lawrence county, passed May 15, 1891, and from…

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Appeal from special term, St. Lawrence county. Action in the name of Matthew Barker, a tax-payer of the town of Oswegatchie, in St. Lawrence county, to restrain the town, its supervisor, and board of town auditors and commissioner of highways, also the board of supervisors of St. Lawrence county, and certain commissioners appointed by such board, from further action under a bill of resolution of the board of supervisors of St. Lawrence county, passed May 15, 1891, and from taking any action or proceeding in disregard of the contract of the Berlin Iron Bridge Company with Joseph E. Wagner,…

1Opinion of the CourtMayham, J.

The injunction order vacated at the special term, and from the order vacating which this appeal is brought, first enjoined the defendants from acting under the bill passed by the supervisors of St'. Lawrence county on the 15th day of May, 1891, in relation to the construction of the Eel Weir Bapids bridge, and also enjoined any interference with the contract made for the construction of such bridge between the Berlin Iron Bridge Company and Wagner as commissioner of highways. The principal grounds indicated in the plaintiff’s complaint and affidavits used in support of the injunction in this…

2Cases cited1 opinion

  1. Berlin Iron Bridge Co. v. WagnerNew York Supreme Court · 1890

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