Legal Opinion

Woodruff v. . People

New York Court of Appeals

Decided December 15, 1908PublishedCited by 7 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1908, in favor of defendants, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.

1Opinion of the CourtVann, J.

This was an attempt to submit a controversy pursuant to section 1279 of the Code of Civil Procedure. All that the record of submission shows is that on the 9th of May, 1908, the plaintiff presented a petition to the highway commissioners at the town of Arietta, Hamilton county, alleging certain facts and asking those officers to lay out a highway in said town. They refused to do so, upon the ground that they had no jurisdiction, because some of the lands through which the proposed highway was to be opened constituted part of the forest preserve. Some other facts were set forth in the…

2Cases cited3 opinions

  1. Marshall v. HaywardAppellate Division of the Supreme Court of the State of New York · 1901
  2. Clapp v. GuyAppellate Division of the Supreme Court of the State of New York · 1898
  3. Williams v. City of RochesterNew York Supreme Court · 1869

3Cited by7 opinions

  1. Prudence Co. v. Fidelity & Deposit Co. of Md.Supreme Court of the United States · 1936
  2. Hanrahan v. . Terminal Station CommissionNew York Court of Appeals · 1912
  3. Metropolitan Trust Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1917
  4. Honolulu Rapid Transit & Land Co. v. TerritoryHawaii Supreme Court · 1912
  5. Stoddard v. William A. Davis Co.Idaho Supreme Court · 1923

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