McClure v. Supervisors of Niagara
New York Court of Appeals
Melinda J. McClure sued the Board of Supervisors of the county of Niagara, in the supreme court, to recover from the county damages under the statute (L. 1855, c. 428, 3 B. 8. 5 ed. 874), for her property, destroyed by a mob.
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Melinda J. McClure sued the Board of Supervisors of the county of Niagara, in the supreme court, to recover from the county damages under the statute (L. 1855, c. 428, 3 B. 8. 5 ed. 874), for her property, destroyed by a mob. The statute referred to provides that whenever any property “ shall be destroyed or injured in consequence of any mob or riot, the city or county in which such property was situated shall be liable to an action by, or in behalf of, the party whose property was thus destroyed or injured, for the damages sustained by reason thereof.” § 1. Other clauses of the act provide…
1Opinion of the Court
By the Court.
Davies, J.
[After stating briefly the facts, and the act of 1859.] — The order is clearly not appealable to this court. It is not a final order affecting a substantial right in an action after the judgment. It is part of the judgment itself, and if appealable at all, it is reviewable by this court only upon an.appeal from the judgment. It is not an order which in effect determines the action and prevents a judgment. The case of Clarke v. City of Rochester, 34 N. Y. 355, is quite *85decisive of this view; and the appeal should- therefore be dismissed, with costs.
I think that upon the…
2Cases cited3 opinions
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Hart v. City of BrooklynNew York Supreme Court · 1862
- Clarke v. . City of RochesterNew York Court of Appeals · 1866
3Cited by4 opinions
- Harrigan v. . City of BrooklynNew York Court of Appeals · 1890
- Taylor v. . City of CohoesNew York Court of Appeals · 1887
- Cavin v. City of BrooklynNew York Court of Appeals · 1890
- AnonymousNew York Supreme Court · 1874