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1 Silv. Ct. App. 132

Mingay v. Hanson

New York Court of Appeals

Decided June 1, 1886

New York Court of Appeals · decided 1886-06-01

Action brought by certain taxpayers of the village of Saratoga Springs, to restrain the water commissioners of said village, from carrying out a contract with the Holley Manufacturing Company. Appeal from a judgment of the general term of the supreme court, affirming judgment dismissing plaintiff’s complaint.

Decided 1886-06-01

Earl, J.

¶1The restrictions contained in the charter of the village of Saratoga Springs (Laws 1866, chap. 220, § 61), against the expenditure of money and the creation of a village debt were repealed, as to the water commissioners of the village, by subsequent legislation (Laws 1868, chap. 557; Laws 1872, chap. 763), and hence the debt and expenditure complained of in this case were legal, and unassailable by the plaintiffs.

¶2The reasons for our conclusions are so well stated in the opinions delivered at special and general terms, in the case of People v. Leary (17 Wkly. Dig. 116), that it is not required that they should be restated here.

¶3The judgment should be affirmed with costs.

¶4All concur.

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