People Ex Rel. Freer v. . Canal Appraisers
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the third judicial department, affirming an order of Special Term granting a peremptory writ of mandamus directed to defendants, requiring them to make return to the -canal board, upon an appeal by the relator from a decision ■of said defendants. (Reported below, 13 Hun, 64.) It appeared by the moving papers that the relator filed two claims with defendants for certain canal damages.
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Appeal from order of the General Term of the Supreme-Court in the third judicial department, affirming an order of Special Term granting a peremptory writ of mandamus directed to defendants, requiring them to make return to the -canal board, upon an appeal by the relator from a decision ■of said defendants. (Reported below, 13 Hun, 64.) It appeared by the moving papers that the relator filed two claims with defendants for certain canal damages. The O -claims were heard and an award made. The relator appealed in due time. The canal appraisers refused to make a return, .and opposed the granting…
1Opinion of the CourtFolger, J.
We think that the order appealed from-should be affirmed. To do that, we need not depart from any' rule heretofore laid clown by this court. The relator seeks to compel a return to an appeal taken by him. He has a right to take that appeal. If he has served the notice of appeal in due time, he has a right that a return shall be made to it. Whether he has a right to a reversal, or even to a review, of the decision of the canal appraisers is another question, to be determined by the appellate board. That inquiry is not now here, nor was it before the canal appraisers. All that is now here, and…
2Cases cited1 opinion
- People Ex Rel. Stevens v. . HaytNew York Court of Appeals · 1876
3Cited by10 opinions
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- State ex rel. Benton v. ElderNebraska Supreme Court · 1891
- State v. SneedTennessee Supreme Court · 1900
- State ex rel. Cameron v. ShannonSupreme Court of Missouri · 1896
- State ex rel. Farris v. RoachSupreme Court of Missouri · 1912
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