People ex rel. Village of Brockport v. Sutphin
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 30tli day of December, 1899, directed to John Sutpliin and others, constituting the town board of the town of Sweden, in the county of Monroe, New York, commanding them to certify and return to the office of the clerk of the county of Monroe all and singular their proceedings had in the matter of certain claims presented to such board by the village of Broclcport.
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Certiorari issued out of the Supreme Court and attested on the 30tli day of December, 1899, directed to John Sutpliin and others, constituting the town board of the town of Sweden, in the county of Monroe, New York, commanding them to certify and return to the office of the clerk of the county of Monroe all and singular their proceedings had in the matter of certain claims presented to such board by the village of Broclcport. The village of Broclcport, which is located in the town of Sweden, Monroe county, has a population of about 4,000 people and was first incorpoi’ated in the year 1829. On…
1Opinion of the Court
Adams, P. J. :
The relief sought by this proceeding is a reversal of the judgment of the town board, and the real question to be determined involves the validity of the relator’s corporate existence. Several minor questions, which are somewhat technical in their character, have also been injected into the case, and to these it is proper that *617some attention should be paid before entering upon a discussion of those which constitute the real gist of the controversy between the parties.
It will be observed by reference to sections 185 and 190 of the General Village Law (Laws of 1897, chap. 414)…
2Cases cited15 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Osterhoudt v. . RigneyNew York Court of Appeals · 1885
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- Curtin v. . BartonNew York Court of Appeals · 1893
- Van Brunt v. . Town of FlatbushNew York Court of Appeals · 1891
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3Cited by2 opinions
- Tommasi v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1906
- Willis v. City of RochesterAppellate Terms of the Supreme Court of New York · 1916