Rogers v. Board of Sup'rs
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action by Clarence De Witt Rogers against the board of supervisors of Westchester county and others to restrain the payment of bills for publication of the abstract of town and county accounts. From an order enjoining such payment, certain newspapers of the ..county appeal.
1Opinion of the CourtWoodward, J.
This is a taxpayer’s action, and the rule is well 'Settled that in actions of this character the court, in the exercise of its discretion, may properly grant the plaintiff an injunction, and that it will be sustained unless “we are able to see, on an examination of the complaint, that he is clearly and certainly not entitled to the ultimate relief which he seeks.” Ziegler v. Chapin, 126 N. Y. 342, 347, 27 N. E. 471; Warrin v. Baldwin, 105 N. Y. 534, 537, 12 N. E. 49; Armstrong v. Grant, 56 Hun, 226, 228, 229, 9 N. Y. Supp. 388. See, also, Peck v. Belknap, 130 N. Y. 394, 398, 399, 29 N. E.…
2Cases cited19 opinions
- Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Hawkins v. United StatesSupreme Court of the United States · 1877
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Ayers v. . LawrenceNew York Court of Appeals · 1874
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