People of the State of N.Y. v. . Wasson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and directing judgment for defendants (plaintiff having waived the right to a new trial). This action was brought to set aside an award made by the canal appraisers in favor of defendant Voorhees, on the ground of fraud and collusion, and also that as to some of the items the appraisers had no…
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiffs, entered upon the report of a referee, and directing judgment for defendants (plaintiff having waived the right to a new trial). This action was brought to set aside an award made by the canal appraisers in favor of defendant Voorhees, on the ground of fraud and collusion, and also that as to some of the items the appraisers had no jurisdiction. The complaint also alleged that proceedings had been commenced by defendant Wasson, who claimed the said award…
1Per curiam
The plaintiffs seek to have the award declared void, on account of fraud and want of jurisdiction in the appraisers; and they also ask to restrain its enforcement, alleging that Wasson had made a motion in the Supi’eme Court at Special Term for a peremptory mandamus to compel the auditor to pay it, which was pending and undecided at the commencement of this action.
We think there are two answers to this action: 1. The statute (Laws of 1868, chap. 520), under which jurisdiction was conferred upon the appraisers to hear and decide these claims, gives to either party the right to appeal to the…
2Cited by7 opinions
- Colson v. PelgramNew York Court of Appeals · 1932
- Newby & White v. Drainage DistrictSupreme Court of North Carolina · 1913
- MacLaury v. . HartNew York Court of Appeals · 1890
- Hooker v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1901
- Andel v. StarkelIllinois Supreme Court · 1901
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