Board of Excise of Ont. Co. v. . Garlinghouse
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court of the Fourth department, affirming an order of the Special Term denying a motion “ to set aside and dismiss the (above mentioned) causes.” Other facts sufficiently appear in the opinion of the court. cited Brown v. Osborn (2 Cow., 457); Butler v. Palmer (1 Hill, 324); Smith v. Banker (3 How.
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Appeal from an order of the General Term of the Supreme Court of the Fourth department, affirming an order of the Special Term denying a motion “ to set aside and dismiss the (above mentioned) causes.” Other facts sufficiently appear in the opinion of the court. cited Brown v. Osborn (2 Cow., 457); Butler v. Palmer (1 Hill, 324); Smith v. Banker (3 How. Pr., 142); Moore v. Westervelt (3 Sandf., 762, 765); Harrington v. Trustees of Rochester (11 Wend., 547). upon the merits, cited Pruyn v. Tyler (18 How., 331); Van Rensselaer v. Secor (32 Barb., 469); Berly v. Runpacher (5 Duer, 183); Dwarris…
1Opinion of the Court
Chubch,- Ch. J.
This is an appeal from an order denying motion to dismiss and set aside the above causes made on the ground that the plaintiffs cannot prosecute the same by reason of their removal from office, by virtue of the excise act of 1870, The actions were commenced before the passage of that act. One of them is pending in the Supreme Court. In the others, judgments have been obtained in the justice’s court, one of which is pending on appeal in the County Court, one has been affirmed in the the County Court and Supreme Court, and in the other two, the appeal to the County Court has been…
2Cases cited2 opinions
- Manchester and Hull v. . HerringtonNew York Court of Appeals · 1854
- Colegrove v. BreedNew York Supreme Court · 1846
3Cited by4 opinions
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- People v. . SmithNew York Court of Appeals · 1877
- Bellinger v. BirgeNew York Supreme Court · 1889
- People ex rel. Haughton v. AndrewsNew York Supreme Court · 1886