People ex rel. Akin v. Morgan
New York Supreme Court
CERTIORARI to the assessors and railroad commissioners of the town of Scipio, in the county of Cayuga, to review the proceedings of those officers in bonding said town in aid of the New York, Oswego and Midland Railroad Company.
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CERTIORARI to the assessors and railroad commissioners of the town of Scipio, in the county of Cayuga, to review the proceedings of those officers in bonding said town in aid of the New York, Oswego and Midland Railroad Company. Chapter 398 of the laws of 1866, section 1, provides that on the application in writing of twelve or more freeholders, residents of any town in certain counties named in it, of which Cayuga was not one, it should be the duty of the county judge wherein such town is situated, or the Supreme Court at any Special Term thereof, to appoint not more than three freeholders,…
1Opinion of the Court
By the Court, Mullin', P. J.
The relator is met attire threshold of the investigation, with three objections, either of which being well taken renders it unnecessary to consider any of the points presented by the relator’s counsel.
The 1st is, that there is no proper relator—a taxpayer .and resident of the town having no such status as entitles him to a certiorari to review the proceedings to bond said town; he town of Scipio being the only proper party as relator.
2d. A suit in equity is pending to cancel the bonds for the same errors and defects on which the proceedings are sought to be set…
2Cases cited15 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- The People v. . McCannNew York Court of Appeals · 1857
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Roosevelt v. . DraperNew York Court of Appeals · 1861
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3Cited by5 opinions
- Smith v. City of PortlandOregon Supreme Court · 1894
- State ex rel. Town of Manitowoo v. County Clerk of Manitowoo CountyWisconsin Supreme Court · 1883
- People ex rel. New York & Canada Railroad v. HuttonNew York Supreme Court · 1879
- People ex rel. Simonds v. RykenNew York Supreme Court · 1876
- People ex rel. Thompson v. Mayor of SyracuseNew York Supreme Court · 1876