Forman v. Bostwick
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Lewi's L. Forman, from a judgment of the Supreme Court in favor of the defendant Bostwick, entered in the office of the clerk of- the county of Tompkins on the 21st day of March, 1910, upon the decision of the court, rendered after a trial at the Madison Special Term, sustaining a demurrer to the complaint and dismissing the said complaint.
1Opinion of the Court
Cochrane, J.:
This is an action by a taxpayer of the city of Ithaca to restrain the payment óf salary to respondent Bostwick, who has been appointed city judge of said city by the common council thereof. The members of the common council, the city clerk and city chamberlain; are also made defendants, and have defaulted in pleading.
From the complaint it appears that the respondent was elected alderman in said city in November, 1908, for a term of two years from the 1st day of January, 1909, and that- he duly qualified, and as such alderman was a member of the common council of said city' from…
2Cases cited3 opinions
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- Greene v. . KnoxNew York Court of Appeals · 1903
- Whitney v. PatrickNew York Supreme Court · 1909
3Cited by9 opinions
- Sheehy v. Town of HamburgNew York Supreme Court · 1928
- Gregory v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1916
- Callahan v. KambourNew York Supreme Court · 1965
- Heeran v. McNallyNew York Supreme Court · 1930
- Briare v. MatthewsCalifornia Superior Court · 1925
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