Legal Opinion

People Ex Rel. Cornell University v. Davenport

New York Court of Appeals

Decided January 14, 1890PublishedCited by 5 opinions

Appeal from order of the G-eneral Term of the Supreme Court in the third judicial department, made July 2, 1883, reversing an order of Special Term, denying a motion of the relator herein for a mandamus and directing the issuing of a mandamtts as hereinafter specified. This was a case agreed upon in a controversy submitted without action.

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Appeal from order of the G-eneral Term of the Supreme Court in the third judicial department, made July 2, 1883, reversing an order of Special Term, denying a motion of the relator herein for a mandamus and directing the issuing of a mandamtts as hereinafter specified. This was a case agreed upon in a controversy submitted without action. In such submission the following are the material facts: On the 2d day of July, 1862, the' United States Congress passed an act donating public lands to the several . states and territories which might provide colleges for the benefit of agriculture and the…

1Opinion of the CourtPeckham, J.

We agree with the learned General Term that in deciding this case we are to be guided by the statutes of our own state, and if, under these statutes, the comptroller was not authorized to make the payment, as demanded by the relator, he was justified in his refusal, even though the state had failed to comply with the terms and conditions of the act of congress donating the land to it. That would be a matter between the federal government and the state which the comptroller would have no right to decide for himself. The view taken by the learned judge who wrote the opinion at the General Term…

2Cases cited2 opinions

  1. In Re the Estate of McGrawNew York Court of Appeals · 1888
  2. Farwell v. TweddleNew York Supreme Court · 1881

3Cited by5 opinions

  1. McLouth v. . HuntNew York Court of Appeals · 1897
  2. State ex rel. Wyoming Agricultural College v. IrvineWyoming Supreme Court · 1906
  3. Green v. StateNew York Court of Claims · 1919
  4. Massachusetts Agricultural College v. MardenMassachusetts Supreme Judicial Court · 1892
  5. Ago, Washington Attorney General Reports1996

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