Mills v. . Sweeney
New York Court of Appeals
Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 20, 1916, as reverses that part of an order of Special Term which denied a motion for an injunction pendente lite restraining the defendant from publishing a notice that a certain question would be submitted to a vote of the electors of the city of Buffalo at the coming election, from incurring any expense on account of said city…
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Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 20, 1916, as reverses that part of an order of Special Term which denied a motion for an injunction pendente lite restraining the defendant from publishing a notice that a certain question would be submitted to a vote of the electors of the city of Buffalo at the coming election, from incurring any expense on account of said city in publication of the same and from performing any official act toward submitting the question referred to to the voters…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a taxpayer’s action to restrain the expenditure of the public moneys of the city of Buffalo in publishing certain election notices under chapter XLV of the ordinances of that city. The complaint demands judgment that the ordinance in question shall be adjudged to be illegal and invalid and of no force or effect.
The ordinance was enacted by the common council on the 11th day of July, 1904, and the portion thereof material to he considered upon this appeal reads as follows:
“ Chapter XLV
“ Public Policy Questions.
“ 1. Upon filing with the City Clerk of a written…
2Cases cited2 opinions
- Citizens' Gas & Mining Co. v. Town of ElwoodIndiana Supreme Court · 1888
- East Tennessee Telephone Co. v. City of RussellvilleCourt of Appeals of Kentucky · 1899
3Cited by53 opinions
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Matter of Stubbe v. . AdamsonNew York Court of Appeals · 1917
- Miller v. City of AlbuquerqueNew Mexico Supreme Court · 1976
- Matter of International Ry. Co. v. . RannNew York Court of Appeals · 1918
- Elkind v. City of New RochelleNew York Supreme Court · 1957
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