Sanders v. . Saxton
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action is in effect an action against the state, and the state cannot be sued without its consent.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1904, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. This action is in effect an action against the state, and the state cannot be sued without its consent. (Moore v. Townsend, 102 N. Y. 387; Churchill v. Onderdonk, 59 N. Y. 134; Miller v. L. I. R. R. Co., 71 N. Y. 380; People ex rel. Millard v. Roberts, 151 N. Y 543; People…
1Opinion of the Court
Cullen, Ch. J.
The action was brought by the plaintiff as the owner in fee and possessor of certain lands in the late town of New Utrecht in the county of Kings (now part of the borough of Brooklyn in the city of New York) against the defendants, except the defendant Roberts, as commissioners of the land office of the state of New York, and against the defendant Roberts, as comptroller of said state, to have certain deeds executed by the comptroller to the people of the state on sales of said lands for unpaid taxes adjudged illegal and void and the record of -the same in the registrar’s office…
2Cases cited9 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. LeeSupreme Court of the United States · 1882
- Davis v. GraySupreme Court of the United States · 1873
- Louisiana v. JumelSupreme Court of the United States · 1883
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3Cited by27 opinions
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- Hampton v. State Board of EducationSupreme Court of Florida · 1925
- Wilkinson v. StateUtah Supreme Court · 1913
- Pauchogue Land Corp. v. Long Island State Park CommissionNew York Court of Appeals · 1926
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