Starr v. Trustees of Rochester
New York Supreme Court
In June, 1827, the trustees of the village of Rochester passed a resolution to widen a street, and in carrying the resolution into effect, part of a building then erecting, called the Globe Building, was taken; the owners consenting to the alteration of the street, upon payment of damages.
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In June, 1827, the trustees of the village of Rochester passed a resolution to widen a street, and in carrying the resolution into effect, part of a building then erecting, called the Globe Building, was taken; the owners consenting to the alteration of the street, upon payment of damages. Their damages were assessed by a jury at $500, but they appealing from such assessment, commissioners were subsequently appointed by this court, who assessed the damages at $800 ; and in April, 1829, the president of the village, in pursuance of the statute incorporating the village, rendered judgment for…
1Opinion of the Court
*566 By the Court,
Savage, Ch. J.
There can be no doubt of the power of this court at common law to review the proceedings of inferior jurisdictions; this power is not taken away by implication, by a similar power being given to another tribunal. The common law powers of this court, however, are confined to an examination of the. jurisdiction of such inferior tribunals, and to questions of law arising out of their proceedings; not to an examination of their decisions upon questions of fact. Upon such questions their decision must be final, unless the statutes have provided a mode of review. It may…
2Cited by49 opinions
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Dryden v. SwinburneWest Virginia Supreme Court · 1882
- Quinchard v. Board of TrusteesCalifornia Supreme Court · 1896
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
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