Walter v. McClellan
New York Supreme Court
Motion for injunction pendente lite in an action brought by plaintiff, as a taxpayer, to restain the carrying out of a contract made by the Aqueduct Commissioners for the construction of a certain reservoir.
1Opinion of the CourtBischoff, J.
This is a motion for an injunction pendente lite in a taxpayer’s action to restrain the performance of a contract for the construction of the Cross River reservoir, it being asserted by the plaintiff that in the awarding of the contract the Aqueduct Commissioners have exceeded their statutory powers or have acted in hostility to the public interests and that the carrying out of the contract will involve a waste of public funds, which the court’s aid is invoked to prevent.
While much is alleged in an attempt to show that the contract is ill-advised, this presents no question of materiality. It…
2Cases cited6 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Kingsley v. . City of BrooklynNew York Court of Appeals · 1879
- People v. Mayor of New YorkNew York Supreme Court · 1860
- Reilly v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Quackenbush v. City of CheyenneWyoming Supreme Court · 1937
- Will v. City of BismarckNorth Dakota Supreme Court · 1917
- Manhattan Security Corp. v. DelaneyNew York Supreme Court · 1929
- Perew v. City of North TonawandaNew York Supreme Court · 1914