Legal Opinion · Dissent

Wilson v. Bleloch

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1908Published

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The plaintiff sues as a taxpayer.

1Dissent

Woodward, J. (dissenting):

This is a taxpayers’ action under the provisions of chapter 301 of the Laws of 1892. It is not contended that there js any corruption or bad faith on the part of any one; merely that there have been certain charges made and audited which are not authorized by law. The plaintiff contends that there is no authority in law for the town cleric to meet with the board of town auditors, or the board of assessors, or the board of highway commissioners, and to charge a per diem compensation for such services. Section 3 of chapter 3iá of the Laws of 1893 provides that “ the…

2Cases cited2 opinions

  1. In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
  2. Broadwell v. PeopleIllinois Supreme Court · 1875

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