Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 1

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 1

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...the right to 'do if they are right in their contention. If they have the charge of this property it is undoubtedly their duty to keep ofl intruders and to take possession of the land. The performance of that duty constitutes no fraud or bad faith towards the city. If it can be said to be illegal, it is only illegal in the sense that the act of any owner of property is illegal if he is mistaken as to his rights. From the standpoint of the plaintiff the illegality here simply consists in the fact that defendants claim as against the plaintiff, a right based upon a title which they have APP. D1v.----VoL. I. 51 not in fact. The alleged illegality exists simply with relation tothe plaintiff, and because as against him they have no right or title which they can assert. Giving to the contention of the plaintiff the broadest possible meaning, it extends no further than that. To this contention there are two answers. In the first place the Taxpayers Act was not intended to restrain an attempt by municipal oflicers to perform their duty in good faith in an effort to protect the property of a municipal corporation. To enable the taxpayer to interfere and prevent the action on their part, the courts require something more; some fraud or bad faith, or some such action as is beyond the power or authority of the ofiicer, and which will waste the property of the corporation, or impose improper burdens upon the body of the taxpayers. As is said by the Court of Appeals, the courts will not become arbitrators between taxpayers and their municipal ofiicers in every instance of disagreeing opinions or conflicting judgments, and they have decided that, jurisdiction in the oflicials existing, the courts can interfere in actions of this kind only where some more

Product details

  • Paperback | 316 pages
  • 189 x 246 x 17mm | 567g
  • United States
  • English
  • black & white illustrations
  • 1236494865
  • 9781236494863