Kingsley v. Bowman
Appellate Division of the Supreme Court of the State of New York
Appeal -by the plaintiff, Teresa M. Kingsley, from an order of the Supreme Court, made at the Erie Special Term and.entered-.in the-office of the clerk of thé county of Erie on the 10th day of February, 1898, denying the plaintiff’s- motion for an injunction during the pendency of the action.
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Appeal -by the plaintiff, Teresa M. Kingsley, from an order of the Supreme Court, made at the Erie Special Term and.entered-.in the-office of the clerk of thé county of Erie on the 10th day of February, 1898, denying the plaintiff’s- motion for an injunction during the pendency of the action. On the 4th day of January,, 1898, the defendants, all- but one of whom constitute the board of supervisors of Erie county, adopted a resolution directing their clerk, who is also one of the defendants, to invite sealed proposals from the daily papers printed in the English language in the city of…
1Concurrence
Follett, J. (concurring):
■ I concur in the opinion of Mr.. Justice Adams,, holding that the action of the board of supervisors in directing the daily publication ' of its proceedings was without statutory authority. The opinion demonstrates that this action of the board was illegal,, and, if consummated, will impose an illegal tax upon tile taxpayers of the ■ county of Erie: •
There is no evidence in the record that the plaintiff’s husband is . one of the proprietors of the Daily Mercantile Review. All that. appears in the record on this subject is found in an affidavit made • by. the manager…
2Cases cited6 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Ayers v. . LawrenceNew York Court of Appeals · 1874
- The People v. . HalseyNew York Court of Appeals · 1867
- Starin v. . EdsonNew York Court of Appeals · 1889
- Hull v. ElyNew York Supreme Court · 1877
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