Peck v. . Belknap
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 1, 1889, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiff, as a taxpayer of the city of Rochester, was entitled to the relief prayed for.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 1, 1889, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The plaintiff, as a taxpayer of the city of Rochester, was entitled to the relief prayed for. (Osterhoudt v. Rigney, 98 N. Y. 222; Talcott v. City of Buffalo, 34 N. Y. S. R. 873, 874, 875; People ex rel. v. Village of Little Falls, 8 N. Y. Supp. 512; Laws of 1887, chap. 673; Ayers v. Lawrence, 59…
1Opinion of the CourtBrown, J.
This action was brought by the plaintiff as a taxpayer of the city of Rochester to procure a judgment restraining the mayor of said city from entering into a contract of employment with the defendant Belknap on behalf of the city, whereby said Belknap was to render during a designated period certain services relating to street lights particularly set forth and enumerated in a resolution of the common council, and to restrain, the city clerk and treasurer from drawing upon or paying out to said Belknap from the funds of the city any money under said resolution.
The ground upon which this…
2Cases cited2 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
3Cited by25 opinions
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Greene v. . KnoxNew York Court of Appeals · 1903
- Peo. Ex Rel. Hannan v. . Board of HealthNew York Court of Appeals · 1897
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