Legal Opinion

Marsch v. Seibert

New York Supreme Court

Decided October 15, 1915Published

Action by Alvin J. Marsch against Simon Seibert and others, constituting the Board of Fire Commissioners. On motion f,or injunction. Motion denied.

1Opinion of the CourtMarcus, J.

This is an action brought by a taxpayer to restrain the board of fire commissioners from permitting city employés in the fire department from doing work for the city of Buffalo regarded by the defendants as necessary. The plaintiff insists that the defendants should be restrained from exercising any power of direction whereby the members of the fire department of the city of Buffalo are required to paint the fire houses or the fire apparatus on the streets of this city, upon the ground that it is not within the power of the board of fire commissioners to demand such service of the members of…

2Cases cited6 opinions

  1. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  2. Ziegler v. . ChapinNew York Court of Appeals · 1891
  3. Queens County Water Co. v. MonroeAppellate Division of the Supreme Court of the State of New York · 1903
  4. Hearst v. McClellanAppellate Division of the Supreme Court of the State of New York · 1905
  5. Dunning v. County of OrangeAppellate Division of the Supreme Court of the State of New York · 1910

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