People ex rel. Geery v. Brennan
New York Supreme Court
THIS is an appeal from an order made by Justice Barnard on the 28th day of April, 1865, adjudging the defendant guilty of contempt, fining him $500, and directing his imprisonment until the fine was paid, and until he should cancel certain liens imposed upon the property of the relators by an assessment for the construction of a sewer in Eighty-sixth street, from the East river to the westerly line of Third avenue, and in Third avenue, from Eighty-fourth to Eighty-sixth…
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THIS is an appeal from an order made by Justice Barnard on the 28th day of April, 1865, adjudging the defendant guilty of contempt, fining him $500, and directing his imprisonment until the fine was paid, and until he should cancel certain liens imposed upon the property of the relators by an assessment for the construction of a sewer in Eighty-sixth street, from the East river to the westerly line of Third avenue, and in Third avenue, from Eighty-fourth to Eighty-sixth street, &c. in the city of New York. On or about the 21st day of April, 1862, the relators presented their petition to…
1Opinion of the Court
By the Court, Ingraham, P. J.
The statute, (Laws of 1858, ch. 338,) directs the hearing to be before a Judge of the Supreme Court in special term or in vacation, who shall on due notice proceed to hear the proofs and allegations. “ If on such hearing the fraud shall have been committed, the assessment shall he vacated and the lien shall cease.”
1. This is a statutory proceeding, to be construed strictly. It does not admit of a reference, and there is no law of this state which allows a judge, in a proceeding out of court, to refer it. The whole law of references applies to matters pending in…
2Cases cited3 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Sullivan v. Judah & WeedNew York Court of Chancery · 1834
- Shepherd v. DeanNew York Court of Common Pleas · 1856
3Cited by5 opinions
- State ex rel. Northern Pacific Ry. Co. v. LoudMontana Supreme Court · 1900
- In re HolleAppellate Division of the Supreme Court of the State of New York · 1914
- Mau v. StonerWyoming Supreme Court · 1904
- State ex rel. Ashbaugh v. StevensSupreme Court of Kansas · 1888
- Hyman Goldman Plumbing & Heating Corp. v. NesbitAppellate Division of the Supreme Court of the State of New York · 1935