Hubbard v. . Sadler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 23, 1885, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 23, 1885, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial without a jury. This action was brought originally by Peter Wyckoif, the present plaintiff’s testator, to restrain defendants from entering upon certain lands of the plaintiff in the town of New Utrecht, Kings county, and from grading and constructing any roadway or sidewalks thereon. A proceeding had been instituted under the act chapter 482, Laws of 1875,…
1Opinion of the CourtFinch, J.
The constitutional question raised in this case was decided against the views of appellant in the Matter of Church (92 N. Y. 1). It is now suggested that a difficulty exists, not then considered, in the alleged fact that the act of 1875 (chap. 482), with its amendments, does not authorize the supervisors to issue bonds in order to- obtain money with which to pay awards to land owners and, inferentially at least, forbids such issue. We did not, in the case cited, discuss that question but practically decided it when we held that the public purse stood behind the awards and guaranteed their…
2Cases cited2 opinions
- In the Matter of the Application of ChurchNew York Court of Appeals · 1883
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
3Cited by8 opinions
- Robert v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1896
- Town of Amherst v. Tide Water Oil Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1934
- In re CrokerAppellate Division of the Supreme Court of the State of New York · 1903
- Giménez v. BrenesSupreme Court of Puerto Rico · 1906
- Jamaica Savings Bank v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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