Bruner v. Lewis
New York Supreme Court
Appeal from special term, Westchester county. Action by Peter Bruner and others against Michael Lewis and others as highway commissioners of the town of Westchester. Judgment was rendered dismissing the complaint, and plaintiffs appeal.
1Opinion of the CourtBarnard, P. J.
The defendants, as commissioners of the highways of the town of Westchester, applied to the board of town auditors for leave to expend the public money in repairing roads destroyed by storms after the date of the regular town meeting in the year 1888. The board of town auditors gave leave to expend $4,300 on the roads of the town, specifying the roads and the amount to be expended on each. This action is brought by the plaintiffs, as tax-payers, to prevent the expenditure of this money. The statute under which the town auditors acted is chapter 442, Laws 1865. This provides that in case roads…
2Cases cited1 opinion
- Boots v. . WashburnNew York Court of Appeals · 1879