Legal Opinion

People ex rel. Hutchinson v. Sohmer

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

Decided November 12, 1913PublishedCited by 2 opinions

Appeal by the relator, Samuel Hutchinson, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 2d day of July, 1912, denying relator’s application for a peremptory writ of mandamus directing the respondent to pay relator’s claim for interest upon an award for land appropriated by the State for barge canal purposes.

1Opinion of the Court

Lyon, J.:

August 10, 1910, lands of the relator situate in the county of Monroe were appropriated by the State for barge canal purposes. A claim on account thereof was duly presented, and in May, 1911, was heard by the Court of Claims. July 29, 1911, chapter 856 of the Laws of 1911 (amdg. Code Civ. Proc. § 263 et seq.), restoring the Board of Claims and in effect abolishing the Court of Claims, went into effect. July 31, 1911, the claimant received notice from Charles E. Palmer, the clerk of the former Court of Claims, that an award had been made upon said claim. The new Board of Claims,…

2Cases cited2 opinions

  1. People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
  2. People ex rel. Evers v. GlynnAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by2 opinions

  1. Pellegrino v. StateNew York Court of Claims · 1986
  2. Milsap v. StateNew York Court of Claims · 1970

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