Legal Opinion

People ex rel. Nelson v. Marsh

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 2 opinions

Appeal by the relator, William Nelson, from a final order of the Supreme Court, made at the Richmond Special Term arid entered as a judgment against the relator, pursuant to section 2082 of the Code of Civil Procedure, in the office of the clerk of the county of Richmond on the 25th day of October,. 1900, after the verdict of a jury in favor of the defendants, rendered by direction of the court upon a trial at the Richmond Trial Term, dismissing the proceedings on the merits…

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Appeal by the relator, William Nelson, from a final order of the Supreme Court, made at the Richmond Special Term arid entered as a judgment against the relator, pursuant to section 2082 of the Code of Civil Procedure, in the office of the clerk of the county of Richmond on the 25th day of October,. 1900, after the verdict of a jury in favor of the defendants, rendered by direction of the court upon a trial at the Richmond Trial Term, dismissing the proceedings on the merits and directing that no peremptory writ of mandamus be issued, and that said order be docketed as a judgment; also from…

1Opinion of the Court

Goodrich, P. J.:

■ In June, 1898, the relator obtained an order directing the issuance of an alternative writ of mandamus commanding the individual defendants who had been appointed commissioners under chapter 888 of the Laws of 1869 (amdg. R. S. pt. 3, chap. 8, tit. 16), commonly known as the Drainage Act, and also the city of New York, as' successor of the town of Southfield, Richmond county, and the supervisors of said county, to levy the assessment provided for in said act and the acts amendatory thereof, and to proceed to collect so much of such assessment as should be necessary to pay…

2Cases cited2 opinions

  1. Matter of MarshNew York Court of Appeals · 1877
  2. People ex rel. Sheridan v. FrenchNew York Supreme Court · 1884

3Cited by2 opinions

  1. In re George C. Diehl, Inc.New York Supreme Court · 1933
  2. In re ScheibelAppellate Division of the Supreme Court of the State of New York · 1920

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