Legal Opinion

Matter of Taxpayers of Plattsburgh

New York Court of Appeals

Decided October 25, 1898PublishedCited by 17 opinions

Appeal by Alfred Guibord and others from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28, 1898, affirming an order made by a justice of the Supreme Court declaring certain acts of the appellants as officers of the village of Plattsburgh illegal, restraining the payment of certain claims against the village and imposing upon such officers the costs of the proceeding.

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Appeal by Alfred Guibord and others from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 28, 1898, affirming an order made by a justice of the Supreme Court declaring certain acts of the appellants as officers of the village of Plattsburgh illegal, restraining the payment of certain claims against the village and imposing upon such officers the costs of the proceeding. The facts, so far as material, are stated in the opinion. The appellants are interested in, and affected by, the proceeding and the order made, so as to entitle them to…

1Opinion of the CourtO’Brieh, J.

This was a summary proceeding instituted before one of the justices of the Supreme Court under section 3 of the General Municipal Law (L. 1892, ch. 685), which provides as follows: “ If twenty-five freeholders in any town or village shall present to a justice of the Supreme Court of the judicial district in which such town or village is situated, ■an affidavit, stating that they are freeholders and have paid taxes on real property within such town or village within one year, that they have reason to believe that the moneys of such town or village are being unlawfully or corruptly expended,…

2Cited by17 opinions

  1. Matter of RichardsonNew York Court of Appeals · 1928
  2. In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
  3. Tiene v. City of Jersey CitySupreme Court of New Jersey · 1953
  4. Fleischmann v. GravesNew York Supreme Court · 1922
  5. Kent v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1900

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