Whitney v. Patrick
New York Supreme Court
Action by a taxpayer for an injunction to restrain expenditures. by a board of health alleged to be illegally constituted.
1Opinion of the CourtHoughton, J.
The plaintiff brings this action as a taxpayer of the village of Mechanicville to restrain expenditures by an alleged board of health of that village, on the ground that such board is illegally constituted aid assumes to act without authority of law.
A board of health of the village of Mechanicville had heen appointed pursuant to the requirements of chapter 661 of the Laws of 1893; and, 'when chapter 49 of the Laws of 1909 went into effect, on the seventeenth day of February, the members of the board were Messrs. Cassidy, Bas.sett and Lenhardt.
According to the provisions of the special charter…
2Cases cited2 opinions
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Greene v. . KnoxNew York Court of Appeals · 1903
3Cited by8 opinions
- Forman v. BostwickAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Smith v. KenyonAppellate Division of the Supreme Court of the State of New York · 1934
- Gregory v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1916
- State ex rel. Schara v. HolmesMontana Supreme Court · 1956
- Whitney v. PatrickAppellate Division of the Supreme Court of the State of New York · 1909
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