Legal Opinion
Bachia v. Piepenbrink
New York Supreme Court
Decided July 15, 1912PublishedCited by 1 opinion
Demubbebs to complaints in a taxpayer’s action.
1Opinion of the CourtJaycox, J.
These purport to be taxpayers’ actions. The plaintiff, however, does not-bring himself either within the provisions of section 1925 of the Code of Civil Procedure, or of the General Municipal Law (§§ 50—55). A taxpayer has no common law right to bring an action of this character. The first act which empowered a taxpayer to bring such an action to prevent waste or restrain illegal action upon the part of a public official was passed in 1872. Previous to the *363passage of that act a taxpayer could not bring an action to restrain or redress the wrongful application of property by a public officer.…
2Cases cited16 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Greason v. . KeteltasNew York Court of Appeals · 1858
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Herald Publishing Co. v. Klamath Falls Publishing Co.Oregon Supreme Court · 1925