People Ex Rel. Harris v. Commissioners of the Land Office
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which affirmed an order of Special Term, directing that a peremptory writ of mandamus be issued against the defendants, the commissioners of the land office.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which affirmed an order of Special Term, directing that a peremptory writ of mandamus be issued against the defendants, the commissioners of the land office. On the first of FebruáVy, 1882, the state engineer and surveyor, by direction of the commissioners of the land office, sold to one Jere W. Finch certain timber land in the county of Hamilton, and issued to him a certificate stating that he had on that day purchased all the interest of the People of the state of Hew York in…
1Opinion of the CourtVann, J.
The claim of the relator to restitution is based upon that article of the Revised Statutes which relates to “ the general powers and duties of the Commissioners of the Land Office,” and particularly on section six thereof, which is as follows, viz.: “ Whenever the title of the people of this state to lands granted under its authority shall fail, and a legal claim for compensation on account of such failure shall be preferred by any person entitled thereto, it shall be the duty of the commissioners to direct the payment of the original purchase-moneys which have been paid to the state by such…
2Cases cited7 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
- Howland v. . EldredgeNew York Court of Appeals · 1871
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3Cited by64 opinions
- Matter of Marburg v. ColeNew York Court of Appeals · 1941
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
- People Ex Rel. Sims v. . CollierNew York Court of Appeals · 1903
- Matter of Beckmann v. TalbotNew York Court of Appeals · 1938
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