Gallagher v. Keating
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Gallagher, from an .order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of February, 1899, denying the plaintiff’s motion to continue a preliminary injunction theretofore granted in the action.
Read the full summary
Appeal by the plaintiff, James Gallagher, from an .order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of February, 1899, denying the plaintiff’s motion to continue a preliminary injunction theretofore granted in the action. The action was brought by a taxpayer of the borough of ¡Brooklyn. to obtain an injunction restraining the defendant the Long Island Railroad Company from erecting an. elevated railroad structure, connecting its railroad with the structure of the Brooklyn 'Elevated Railroad Company,…
1Opinion of the Court
Willard Bartlett, J.:
I think that the order appealed from should be affirmed on the ground that the plaintiff failed to make out a case authorizing the court to restrain the proposed action of public officers at the instance of a taxpayer suing merely in that capacity.
*83The legislation designed to enable taxpayers to maintain suits to-prevent illegal official acts on the part of public officers, or to prevent the waste of public funds, was fully reviewed and its effect considered by the Court of Appeals in the case of Talcott v. City of Buffalo (125 N. Y. 280), and the conclusion was there…
2Cases cited3 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899
3Cited by6 opinions
- Bennett v. . Long Island Railroad Co.New York Court of Appeals · 1905
- Blanshard v. City of New YorkNew York Supreme Court · 1931
- Gross v. GaynorNew York Supreme Court · 1912
- Bennett v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Gallagher v. KeatingAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.