Mixer v. Adam
New York Supreme Court
Motion by the defendant The German Bock Asphalt and Cement Company, Limited, to vacate an injunction, made by Judge Wheeler herein on the 9th day of July, 1909, restraining the defendants Adam, Zimmerman, McEaehren, and the other officers of the city from approving or giving effect to a resolution of the common council providing for the payment to the defendant The German Rock Asphalt and Cement Company, Limited, of the sum of $3,670 for repaving or repairing Swan street…
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Motion by the defendant The German Bock Asphalt and Cement Company, Limited, to vacate an injunction, made by Judge Wheeler herein on the 9th day of July, 1909, restraining the defendants Adam, Zimmerman, McEaehren, and the other officers of the city from approving or giving effect to a resolution of the common council providing for the payment to the defendant The German Rock Asphalt and Cement Company, Limited, of the sum of $3,670 for repaving or repairing Swan street between Main and Pearl streets in Buffalo.
1Opinion of the CourtWhite, J.
This is a taxpayer’s action, under chapter 301 of the Laws of 1892. (now section 51 of the General * Municipal Law), theoretically to prevent the performance of an illegal act on the part of the city of Buffalo. Main, Swan and Pearl streets are public and accepted streets of the city. In 1907, Swan street between Main and Pearl had become out of repair, and it was necessary to repair or repave it. The trouble was that the infilling of the sewer trench had settled, causing a depression in .the surface of the street. The city took the proper and necessary statutory steps to improve the…
2Cases cited3 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
- Nelson v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by3 opinions
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Mixer v. AdamAppellate Division of the Supreme Court of the State of New York · 1910
- Mixer v. AdamAppellate Division of the Supreme Court of the State of New York · 1911