Rector v. . Clark
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 12 Hun, 189.) The nature of the action and the facts appear sufficiently in the opinion. It was not necessary for plaintiff to state the grounds of his appeal in his notice. (3 Edm.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon a verdict and granting a new trial. (Reported below, 12 Hun, 189.) The nature of the action and the facts appear sufficiently in the opinion. It was not necessary for plaintiff to state the grounds of his appeal in his notice. (3 Edm. Stat. at L., 314, §§ 8, 9; 1 R. S. [Edm. ed.], 477, §§ 84-89; People v. Goodwin, 5 N. Y., 568, 573; Lawton v. Com’rs, 2 Cai. Gas., 179; Com’rs v. Judges, 13 Wend., 435; People ex rel. Hubbard v. Harris, 63 N. Y.,…
1Opinion of the Court
Church, Ch. J.
This is an action to recover damages for making a false return to a writ of certiorari issued by the Supreme Court, to the defendants who had been appointed referees by a county judge upon an appeal from the order of a highway commissioner altering a highway.
Questions respecting the laying out, altering, or discontinuing highways, usually create local interest and contention far beyond their intrinsic importance. Although the amount involved is far below the standard of appealability, as the General Term has certified that there are questions of law which ought to be decided by…
2Cases cited5 opinions
- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
- Bartlett v. CampbellNew York Supreme Court · 1828
- Commissioners of Highways of Carmel v. Judges of the County Courts of PutnamNew York Supreme Court · 1831
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
- Millard v. JenkinsNew York Supreme Court · 1832
3Cited by4 opinions
- Beardslee v. . DolgeNew York Court of Appeals · 1894
- Beardslee v. Dolge.New York Supreme Court · 1892
- Brooks v. St. JohnNew York Supreme Court · 1881
- King v. ReedNew York Supreme Court · 1890