Rogers v. . O'Brien
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1896, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff,, as a taxpayer, was entitled to judgment restraining the illegal official acts complained of.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 10, 1896, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff,, as a taxpayer, was entitled to judgment restraining the illegal official acts complained of. (Talcott v. City of Buffalo, 125 N. Y. 285 ; Adamson v. U. R. R. Co., 74 Hun, 3; Warrin v. Baldwin, 105 N. Y. 534; Calhoun v. Millard, 121 N. Y.…
1Opinion of the Court
Aitobews, Oh. J.
The plaintiff, in the name of his bookkeeper, on May 1,1894, leased from the department of docks, acting for the city, the right to collect the wharfage at the wharf and bulkhead on the 27orth river in the city of 27ew York, between 132d and 133d streets, for the term of five years, at the annual rent of $300. He entered into possession of the rights granted by the lease, and in addition he took possession without any authority or right whatever of a strip of land owned by the city in the rear of the bulkhead and divided therefrom by a carriageway, of the same length as. the…
2Cases cited3 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western RailwayNew York Court of Appeals · 1881
3Cited by21 opinions
- Altschul v. . LudwigNew York Court of Appeals · 1916
- Miller v. City of New YorkNew York Court of Appeals · 1911
- Slavin v. . McGuireNew York Court of Appeals · 1912
- Gardner v. Town of CameronAppellate Division of the Supreme Court of the State of New York · 1913
- Brill v. MillerAppellate Division of the Supreme Court of the State of New York · 1910
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