West v. City of Utica
New York Supreme Court
Appeal from, special term, Onondaga county. Action .by Joseph E. West against the city of Utica and Thomas Wheeler, mayor, and others, for an injunction. Prom a judgment fox-plaintiff, defendants appeal. The judgment was entered in Onondaga county on the 12th of December, 1892, and amended by an order entered the 7th of January, 1893, upon a decision made at special term.
Read the full summary
Appeal from, special term, Onondaga county. Action .by Joseph E. West against the city of Utica and Thomas Wheeler, mayor, and others, for an injunction. Prom a judgment fox-plaintiff, defendants appeal. The judgment was entered in Onondaga county on the 12th of December, 1892, and amended by an order entered the 7th of January, 1893, upon a decision made at special term. In the conclusions of law stated by the special term are found the following: “That the passage of the resolution of August 31, 1892, on the subject of employing counsel, and its repassage over the mayor’s veto, did not bind…
1Opinion of the CourtHardest, P. J.
Plaintiff is a taxpayer in the city of Utica, upon an assessment of more than $1,000, and brings this action “to obtain a judgment preventing waste of or injury to the estate, funds, or other property of” the city of Utica. See section 1925 of the Code of Civil Procedure. This section was intended “to protect against the fraud or bad faith of the officer, or to restrain illegal action on his part.” Ziegler v. Chapin, 126 N. Y. 342, 27 N. E. Rep. 471. After proceedings were taken against eight of the aldermen of the city to punish them for contempt in violating an injunction order of this…
2Cases cited6 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Rundle v. . AllisonNew York Court of Appeals · 1866
- Crippen v. HeermanceNew York Court of Chancery · 1841
- Jackson ex dem. Center v. CampbellNew York Supreme Court · 1822
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Board of Chosen Freeholders v. CondaNew Jersey Superior Court Appellate Division · 1978
- Cross v. SmithNew York Supreme Court · 1895
- Kiernan v. Agricultural InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Rattigan v. Board of Sup'rs of Cayuga CountyNew York Supreme Court · 1915
- Pope v. MichelAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.