Appellate Division of the Supreme Court of the State of New York July 15, 1899, No. 1 (Balch v. City of Utica)

Nash, J.:

This is a taxpayer’s action to set aside the proceedings of the common council of the city of Utica, and to restrain the mayor and *563clerk of the city from signing and delivering a contract directed by the common council to be made by and on behalf of the city with the defendant Stappenbeck.