Town of Wellsborough v. New York & Canada Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming 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 facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming 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 facts are set forth sufficiently in the opinion. The petition complied with all the requirements of the act of 1871 (chap. 925), and conferred upon the county judge jurisdiction to appoint a time and place to take proof of the allegations of the petition. (Miller v. Brinkerhoff, 4 Den., 118; Sheldon v. Wright, 5 N. Y., 497; Skinner v. Kelly, 18 id., 355;…
1Opinion of the CourtAndrews, J.
This action was brought to have declared void and annulled, the adjudication of the county judge of Essex, county, appointing the individual defendants, commissioners, to act for the town of Wellsborough, in subscribing for the stock, and issuing the bonds of the town in aid of The Hew York and Canada Railroad Company, and to> restrain by perpetual injunction, the issuing of such bonds-,, and the subscription for such stock.
The order or adjudication of the county judge was made-on the first day of August, 1872, upon a petition of taxpayers bearing date April 20, 1872, purporting to be an-,…
2Cases cited1 opinion
- People Ex Rel. Green v. . SmithNew York Court of Appeals · 1873
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- Craig v. . Town of AndesNew York Court of Appeals · 1883
- Rich v. Mentz TownshipSupreme Court of the United States · 1890
- Rosenbaum v. FossSouth Dakota Supreme Court · 1893
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