Legal Opinion
Johnston v. Gordon
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 1935PublishedCited by 4 opinions
1Opinion of the CourtDavis, J.
The complaint is that of a taxpayer under the provisions of section 51 of the General Municipal Law to restrain certain acts claimed to be illegal and wasteful of public funds on the part of the defendants as members of the library board *41of union free school district No. 28, town of Hempstead. The defendants moved to dismiss the complaint on the ground that the court had no jurisdiction of the subject of the action, and that the complaint did not state facts sufficient to constitute a cause of action. The motion was eventually denied; and part of the motion asking other relief seems to have…
2Cases cited5 opinions
- Herman v. . Board of EducationNew York Court of Appeals · 1922
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- Lewis v. Bd. of Education of City of New YorkNew York Court of Appeals · 1932
- Brooks v. WymanNew York Court of Appeals · 1927
- Brooks v. WymanAppellate Division of the Supreme Court of the State of New York · 1927
3Cited by4 opinions
- Dow v. Board of Trustees of Farmingdale Public LibraryAppellate Division of the Supreme Court of the State of New York · 1980
- Board of Education of Central School District No. 1 v. AllenNew York Supreme Court · 1960
- Union Free School District No. 3 v. Town of RyeAppellate Division of the Supreme Court of the State of New York · 1939
- Central School District No. 1 of the Towns of Colchester, Hamden, Hancock, Walton, Andes and Tompkins, Delaware County v. StateAppellate Division of the Supreme Court of the State of New York · 1963