People Ex Rel. Village of Brockport v. Sutphin
New York Court of Appeals
Gross-appeals from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 14, 1900, reversing in part the determination of the town board of the town of Sweden, and dismissing the writ of certiorari as to the remainder of the relator’s claim upon the merits. The village of Brockport is in the town of Sweden, county of Monroe.
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Gross-appeals from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered September 14, 1900, reversing in part the determination of the town board of the town of Sweden, and dismissing the writ of certiorari as to the remainder of the relator’s claim upon the merits. The village of Brockport is in the town of Sweden, county of Monroe. Originally incorporated in 1829, an attempt was made to reincorporate it in 1872 pursuant to chapter 291 of the Laws of 1870, and, as it is claimed, certain alleged defects in the proceedings to reincorporate were…
1Opinion of the CourtVann, J.
It is claimed by the counsel for tlm village that the appeal brought by the town board should be dismissed, because the decision of the Appellate Division, so far as it reversed the proceedings sought to be reviewed, was unanimous and, according to the presumption required by section 1338 of the Oode, this was in effect a determination that there was evidence supporting or tending to sustain a finding of fact. It is insisted that we are thus deprived of jurisdiction to review that part of the order appealed from. (Const. art,. 6, § 9 ; Code Civ. Pro. § 191.) We think this section simply…
2Cases cited14 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Wrought Iron Bridge Co. v. Town of AtticaNew York Court of Appeals · 1890
- Matter of CorwinNew York Court of Appeals · 1892
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- Rockefeller v. TaylorAppellate Division of the Supreme Court of the State of New York · 1902
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