[DOWNLOAD] "Bernard A. Hoban v. Walter S. Bucklin" by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Bernard A. Hoban v. Walter S. Bucklin
- Author : Court of Appeals of New York
- Release Date : January 07, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
I. The first bill is considered as though the attorney-general, representing the public interest, were not a party. He has not appeared in the litigation, and its course and conduct indicate that no adjudication of public rights is sought except as they affect the merits of the litigation as between the plaintiff and the defendant. The litigation is thus between private parties. No rights of the state or public are at stake. While in that sense it was correctly ruled that no public right might be litigated, yet the claim of the plaintiff, as one of the public, to the benefit of the public rights calls for their determination. He alleges the defendants interference with the assertion and exercise of his rights of a public nature. The defendant disputes his claim of such rights. They are therefore a subject of the litigation. The plaintiffs public rights are not to be decided as between him and the public, but they are as between him and the defendant. Whitcher v. State, 87 N.H. 405.