Hearst v. McClellan — 191 N.Y. 508

Majority

p. 508

William R. Hearst, Appellant, v. George B. McClellan, as Mayor of the City of New York, et al., Respondents.

Headnote

Hearst v. MeGlellan, 116 App. Div. 928 , affirmed.

(Argued January 20, 1908;

decided February 18, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered September 20,1907, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court

p. 509

on trial at Special Term in a taxpayer’s action to restrain the defendants from auditing and paying certain bills for electric lighting.

Clarence J. Shearn for appellant.

Francis K. Pendleton, Corporation Counsel (Theodore Connoly of counsel), for respondents.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Oh. J., Haight, Yann, Werner and Hiscook, JJ. Not sitting: Gray and Willard Bartlett, JJ.