Commercial Bank v. Canal Commissioners
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The canal board of this state, on the third day of March, 1828, adopted a resolution or made an order for an extra allowance to N. Allen & Co., contractors on the Oswego canal, in addition to the contract price agreed to be paid to them for building certain locks, &c, in the construction of a part of that canal.
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Error from the supreme court. The canal board of this state, on the third day of March, 1828, adopted a resolution or made an order for an extra allowance to N. Allen & Co., contractors on the Oswego canal, in addition to the contract price agreed to be paid to them for building certain locks, &c, in the construction of a part of that canal. The resolution was in these words : “ Resolved, that there be allowed to Nathaniel Allen & Co., on their contract to build locks, aqueduct and dam on the Oswego canal, the sum of eight thousand five hundred dollars over and above the contract price, and…
1Opinion of the Court
*30The following opinion was delivered by the Chancellor :
An objection was raised on the argument of this cause, to the affidavits and other papers of the relators on which the order for the mandamus was granted, as forming no part of the record in the court below. On the suggestion of one of the members of this court, and to prevent delay, the counsel for the defendants in error consented to waive the objection that those affidavits were not in fact incorporated into the record, reserving, however, the right to insist that they could not legally have been made a part of the record, and that the…
2Cases cited1 opinion
- People ex rel. Borden v. Delaware Common PleasNew York Supreme Court · 1829
3Cited by44 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Ex Parte NewmanSupreme Court of the United States · 1872
- Fisher v. City of CharlestonWest Virginia Supreme Court · 1881
- Board of Commissioners of Clarke Co. v. State, ex rel. LewisIndiana Supreme Court · 1878
- Chance v. TempleSupreme Court of Iowa · 1855
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