Stearns v. Tew
New York Supreme Court
Motion on behalf of the defendant Tew to dissolve a temporary injunction granted in this action restraining the defendant Tew from receiving his pay for service performed as plumbing inspector of the city of Jamestown.
1Opinion of the CourtWard, J.
This is an action commenced about the twentieth, of ¡November last by Tranlc M. Stearns, taxpayer and citizen of the city of Jamestown, against the defendants to prevent the common council from paying, and the defendant Tew from receiving, compensation as plumber inspector of the city of Jamestown, appointed pursuant to chapter 602 of the Laws-of 1892, for the reason that the appointment of the said Tew was illegal and void, and he had no right to the said office or to perform the duties thereof.
A temporary injunction was obtained, which the defendant Tew now moves to dissolve. He alleges…