Ayers v. Lawrence
New York Court of Appeals
Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, affirming a judgment of Special Term sustaining a demurrer to plaintiffs’ complaint. (Reported below, 2 N. Y. S. C. [T. & C.], Ad. 5.) The nature of the action and the substance of the complaint is set forth sufficiently in the opinion. The tax-payers are the proper parties to bring the action.
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Appeal from judgment of the General Term of the-Supreme Court in the fourth judicial department, affirming a judgment of Special Term sustaining a demurrer to plaintiffs’ complaint. (Reported below, 2 N. Y. S. C. [T. & C.], Ad. 5.) The nature of the action and the substance of the complaint is set forth sufficiently in the opinion. The tax-payers are the proper parties to bring the action. (Laws of 1872, chap. 161, § 1; De Baun v. Mayor, etc., 16 Barb., 392 ; Milhau v. Sharp, 15 id., 193 ; Stuyvesant v. Pearsall, id., 244; Christopher v. Mayor, etc., 13 id., 567; Adriance v. Mayor, etc., 1…
1Opinion of the CourtAllen, J.
The plaintiffs appeal from a judgment against them in the Supreme Court, upon a demurrer to their complaint, in an action brought by them as tax-payers of the town of .Milo, in the county of Yates, in their own behalf and in behalf of all other tax-payers of the same town who are similarly interested in the cause of action, and who shall come in and contribute to the expense of the suit. The action is against the commissioners of the town, appointed under the provisions of chapter 907 of the Laws of 1869, authorizing municipal corporations to aid in the construction of railroads, and the acts…
2Cases cited11 opinions
- United States v. FisherSupreme Court of the United States · 1805
- United States v. PalmerSupreme Court of the United States · 1818
- People of the State of N.Y. v. . IngersollNew York Court of Appeals · 1874
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- People of the State of N.Y. v. . FieldsNew York Court of Appeals · 1874
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3Cited by4 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- The Oneida Bank v. . the Ontario BankNew York Court of Appeals · 1860
- Hier v. New York, West Shore & Buffalo Railway Co.New York Supreme Court · 1886
- McMahon v. AllenNew York Supreme Court · 1867