Colby v. Town of Day
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Saratoga county. Action by Ellery Colby and others against the town of Day. . From a judgment for plaintiffs, defendant appeals. Reversed.
1Opinion of the CourtSmith, J.
The judgment appealed from was entered upon the decision of the court without a jury. That decision contains specific findings of fact. It contains but one conclusion of law, to wit, that the plaintiff was entitled to judgment against the defendant for the sum of $3,000, with interest thereon from September 5, 1899, besides costs, and an additional allowance of 5 per cent., granted upon the subject-matter of said action, to be taxed in accordance with the rules and practice of this court. To that decision a general exception was filed, in which the defendant excepted to the decision filed,…
2Cases cited10 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People ex rel. Myers v. BarnesNew York Court of Appeals · 1889
- Drake v. . New York Iron MineNew York Court of Appeals · 1898
- Bell v. Town of EsopusNew York Supreme Court · 1867
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3Cited by2 opinions
- Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911