Cole v. . the State of New York
New York Court of Appeals
Appeal from an award of the board of claims made July 31, 1885, in favor of plaintiff, upon a claim presented under the act, chapter 238, Laws of 1885. The facts, so far as material, are stated in the opinion. This act of 1885 (Chap. 238) violates section 16, article 3 of the Constitution. (In re Paul, 94 N. Y. 507; City of Watertown v. Fairbanks, 65 id. 588; In re Blodgett, 89 id. 395; In re Lands in Town of Flatbush, 60 id. 398, 407; Peoples.
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Appeal from an award of the board of claims made July 31, 1885, in favor of plaintiff, upon a claim presented under the act, chapter 238, Laws of 1885. The facts, so far as material, are stated in the opinion. This act of 1885 (Chap. 238) violates section 16, article 3 of the Constitution. (In re Paul, 94 N. Y. 507; City of Watertown v. Fairbanks, 65 id. 588; In re Blodgett, 89 id. 395; In re Lands in Town of Flatbush, 60 id. 398, 407; Peoples. Sup'rs of Chautauqua Co., 43 id. 21; 1 Dwarris on Statutes, 354; People v. Allen, 42 N. Y. 378 ; Huber v. People, 49 id. 135; Gaskin v. Meek, 42 id.…
1Opinion of the CourtEapallo, J.
This appeal must be determined on the facts found by the board of claims, and the conclusions of law stated by them in their decision, and excepted to by the State. Even if there should be found in the opinions of the members of the board any views in which we do not concur, that would not be ground of reversal, provided we concur in their conclusions of law.
Various points were argued by the learned attorney-general in support of the appeal, to which we will refer, but the main ground upon which he claimed, upon the argument, that the decision of the board of claims should be reversed, was…
2Cases cited2 opinions
- Inman Steamship Co. v. TinkerSupreme Court of the United States · 1877
- Bd. Water Com'rs of Clinton v. . DwightNew York Court of Appeals · 1885
3Cited by48 opinions
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
- Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
- Coxe v. . StateNew York Court of Appeals · 1895
- Munro v. . State of New YorkNew York Court of Appeals · 1918
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