People of the State of N.Y. v. . Tweed
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing in part and. affirming in part an order of Special Term hereinafter set forth.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing in part and. affirming in part an order of Special Term hereinafter set forth. This action was brought under the provisions of the act chapter 49, Laws of 1875. The complaint alleged in substance the passage of the act (chap. 382, Laws of 1870) “ to make further provision for the government of the county of Mew York” (by which provision was made for the auditing of all liabilities against said county by the mayor and the comptroller of the city and the then president of the board of…
1Opinion of the CourtMilleb, J.
The questions arising upon this appeal are purely legal and must be disposed of according to strict legal rules. As to that portion of the order in relation to a bill of particulars, it is sufficient to say that it was a matter purely discretionary as was recently held by this court in the case of Tilton v. Beecher (59 N. Y., 176). ITo question arises as to the burden of proof which presents an exception which takes the case out of this general rule. The refusal of the court to extend the time to demur upon the decision of the appeal from the order of the Special Term, was also a matter of…
2Cases cited1 opinion
- Tilton v. . BeecherNew York Court of Appeals · 1874
3Cited by24 opinions
- Mathis v. StateSupreme Court of Florida · 1903
- Turner v. Great Northern Railway Co.Washington Supreme Court · 1896
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- State v. RathboneIdaho Supreme Court · 1901
- New York State Water Resources Commission v. LibermanAppellate Division of the Supreme Court of the State of New York · 1971
19 more not listed; retrieve them via the Exa API.