Legal Opinion

People v. . Santa Clara Lumber Co.

New York Court of Appeals

Decided November 10, 1914PublishedCited by 17 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 23, 1914, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. In 1904 the legislature was prohibited by the State Constitution from empowering the forest, fish and game commissioner to alienate any part of the real property of the state in the forest preserve. (2 Black. Comm. 349; Christy v. Burch, 25 Fla. 942; First…

1Opinion of the CourtCollin, J.

The plaintiffs seek a judgment vacating a judgment of November 8, 1904, in an action in the Supreme Court, in which the People of the state were the plaintiffs and the Santa Clara Lumber Company, George E. Finch and George N. Ostrander were the defendants, a stipulation of the parties and an order of the court upon which the judgment was rendered and awarding them damages. Thus far they have failed. The trial court found, in effect, as facts: Through a year or more last prior to July, 1904, the state, represented by the forest, fish and game commissioner upon the one hand and the lumber…

2Cases cited9 opinions

  1. Poindexter v. GreenhowSupreme Court of the United States · 1885
  2. United States v. Realty Co.Supreme Court of the United States · 1896
  3. Dement v. RokkerIllinois Supreme Court · 1888
  4. Filor v. United StatesSupreme Court of the United States · 1870
  5. Wells v. . JohnstonNew York Court of Appeals · 1902

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3Cited by17 opinions

  1. Lee v. StateNew York Court of Claims · 1946
  2. Parsons v. Department of TransportationNew York Supreme Court · 1973
  3. S. B. Garage Corp. v. MurdockNew York Supreme Court · 1945
  4. People v. DouglassAppellate Division of the Supreme Court of the State of New York · 1926
  5. People v. Raquette Falls Land Co.New York Supreme Court · 1917

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