Finnegan v. . Buck
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 21, 1921, which reversed an order of Special Term granting a motion to continue an injunction pendente lite and vacated and set aside the same. The facts, so far as material, and the question certified are stated in the opinion.
1Opinion of the CourtAndrews, J.
The charter of Buffalo requires the printing of certain notices in a daily paper. This can only mean a daily newspaper. The work is given to the lowest bidder. Such bidder in 1920 was the Legal Daily and the city authorities were about to award the contract to it. Claiming, however, that the successful bidder was not a newspaper within the meaning of the statute a taxpayer’s action was begun to enjoin further proceedings in the matter, and as the result of an order to show cause upon conflicting affidavits a temporary injunction was granted. This order the Appellate Division reversed “ as a…
2Cited by1 opinion
- Braunworth v. BraunworthNew York Court of Appeals · 1941