Legal Opinion

People Ex Rel. Forest Commission v. . Campbell

New York Court of Appeals

Decided May 10, 1898No. 1.; 2PublishedCited by 6 opinions

Appeals from orders of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1897, quashing writs of certiorari in each of the above-entitled proceedings. The facts, so far as material, are stated in the opinion. The order is appeal-able to the Court of Appeals.

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Appeals from orders of the Appellate Division of the Supreme Court in the third judicial department, entered December 6, 1897, quashing writs of certiorari in each of the above-entitled proceedings. The facts, so far as material, are stated in the opinion. The order is appeal-able to the Court of Appeals. (People ex rel. v. Board of Comrs., 97 N. Y. 37; People ex rel. v. Stilwell, 19 N. Y. 532; People ex rel. v. McCarthy, 102 N. Y. 631.) The Appellate Division did not consider the merits, and the orders should be reversed on this ground. (Code Civ. Pro. § 2140.) It was within the power of the…

1Opinion of the CourtO'Brien, J.

On the 9th day of June, 1881, the state comptroller conveyed to the state a tract of land in Franklin county which he had bid in upon a sale for unpaid taxes. On the 31st of December, 1891, the- then comptroller, who was the -defendant’s immediate predecessor, made an order canceling the sale and the title of the state to the land upon the applicar tion of Benton Turner, who claimed to be the owner notwithstanding the sale. The order was conditional upon payment by the applicant of all taxes which were then liens on the land. It appears that he paid the taxes in compliance with this condition…

2Cited by6 opinions

  1. State Ex Rel. Spurck v. Civil Service BoardSupreme Court of Minnesota · 1948
  2. Matter of Kesbec, Inc. v. McGoldrickNew York Court of Appeals · 1938
  3. Clark v. SchindlerIndiana Court of Appeals · 1909
  4. Champlain Stone & Sand Co. v. State of New YorkNew York Court of Claims · 1910
  5. Satterlee v. SenterNew York Supreme Court · 1969

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