In re Neuendorffer

New York Supreme Court

In re Neuendorffer

169 Misc. 233, 7 N.Y.S.2d 269, 1938 N.Y. Misc. LEXIS 2033

DecidedOctober 5, 1938

StatusPublished

This text of 169 Misc. 233 (In re Neuendorffer) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Neuendorffer, 169 Misc. 233, 7 N.Y.S.2d 269, 1938 N.Y. Misc. LEXIS 2033 (N.Y. Super. Ct. 1938).

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Opinion

Wits chief, J.

After the filing of a petition for a referendum to the taxpayers upon a proposition to incur a bonded debt, and after the time for filing such a petition has expired, so that the names of additional petitioners cannot be supplied, signers of such a petition may not withdraw their signatures for the purpose of defeating the referendum. The petition has been acted upon when it has been filed, and the other signers thereof are at a disadvantage if some signers may withdraw their names from the petition, thereby defeating or aiding in the defeat of, the petition. None of the cases cited appears to be applicable to this case, so that the aboye memorandum is unsupported by precedent and is founded only upon what appears to be the logic and justice of the question submitted.

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Wits chief, J.

After the filing of a petition for a referendum to the taxpayers upon a proposition to incur a bonded debt, and after the time for filing such a petition has expired, so that the names of additional petitioners cannot be supplied, signers of such a petition may not withdraw their signatures for the purpose of defeating the referendum. The petition has been acted upon when it has been filed, and the other signers thereof are at a disadvantage if some signers may withdraw their names from the petition, thereby defeating or aiding in the defeat of, the petition. None of the cases cited appears to be applicable to this case, so that the aboye memorandum is unsupported by precedent and is founded only upon what appears to be the logic and justice of the question submitted.

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Bluebook (online)

169 Misc. 233, 7 N.Y.S.2d 269, 1938 N.Y. Misc. LEXIS 2033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-neuendorffer-nysupct-1938.