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Excerpt from Practice Reports in the Supreme Court and Court of Appeals of the State of New York, Vol. 45 An action by a tax-payer of a town to perpetually enjoin and restrain com missioners from issuing the bonds of the town, for the purpose of aiding in the construction of a railroad, cannot be maintained Where the allegations of the complaint do not show that the alleged commissioners are officers of the town having any authority by legal appointment or color of appointment to act as commissioners for the purpose of bonding the town. The only fact stated on the subject being that they either are or claim to be commissioners, with an allegation of ignorance as to the truth of the claim. This is to be construed most strongly against the pleader, and it amounts to this: That here are certain persons who say they are commissioners of the town, but Whether they are so or not we neither affirm nor deny. An attempt or threat by an individual or individuals to do an act which, when done, would be a nullity, neither binding upon nor injurious to any one, according to the allegations of fact in a complaint, or, for aught appears there, lays no foundation whatever for an action to restrain the commission of such act. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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