In re Tuthill
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Roe and others from an order of the County Court of • Orange county, entered in the office of the clerk of the-county of- Orange on the 14th day of February, 1898, directing the clerk of the county of Orange to docket a judgment in favor of the commissioners appointed in the above-entitled proceeding against said Mary E. Roe and others, and also an appeal by William R. Conklin from a judgment of the County Court of Orange county in favor of said…
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Appeal by Mary E. Roe and others from an order of the County Court of • Orange county, entered in the office of the clerk of the-county of- Orange on the 14th day of February, 1898, directing the clerk of the county of Orange to docket a judgment in favor of the commissioners appointed in the above-entitled proceeding against said Mary E. Roe and others, and also an appeal by William R. Conklin from a judgment of the County Court of Orange county in favor of said commissioners, entered in the office of the clerk of the county of Orange on the 21st day of February, 1898, pursuant to said…
1Opinion of the Court
Hatch, J.:
A preliminary question needs to be determined before we approach the main questions presented by this appeal. It is claimed by the respondents that the appeals should be dismissed, for the. reason that the statute expressly prohibits any appeal except as is provided by the act in terms, and as to the appeals for which provision is made, none has been taken ; consequently, that there is nothing before this court for review. It is true that by the terms of the act an appeal is permitted, first, from the determination of the commis- . sioners as to the necessity for the opening of a…
2Cases cited24 opinions
- Civil Rights CasesSupreme Court of the United States · 1883
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Neal v. DelawareSupreme Court of the United States · 1881
- Spies v. IllinoisSupreme Court of the United States · 1887
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3Cited by5 opinions
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- In re LentAppellate Division of the Supreme Court of the State of New York · 1900
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- Kleiner v. Fidelity & Deposit Co. of MarylandNew York Supreme Court · 1900
- Sanford v. BronsonAppellate Division of the Supreme Court of the State of New York · 1905