In re the Consolidated Appeals of Klock
Appellate Division of the Supreme Court of the State of New York
Appeal by Theron Iilock and others from an order of the County Court of Madison county, entered in the office of the clerk of the county of Madison on the 24th day of January, 1898, affirming the action of the sewer commissioners of the village of Oneida in making an apportionment and assessment for the expense of constructing a sewer in said village, and dismissing the appeals of the appellants herein.
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Appeal by Theron Iilock and others from an order of the County Court of Madison county, entered in the office of the clerk of the county of Madison on the 24th day of January, 1898, affirming the action of the sewer commissioners of the village of Oneida in making an apportionment and assessment for the expense of constructing a sewer in said village, and dismissing the appeals of the appellants herein. It appears that a sewer was constructed in the village of Oneida pursuant to chapter 875 of the Laws of 1889 and the acts amendatory thereof, and chapter 414 of the Laws of 1897. The…
1Opinion of the Court
Herrick, J.:
The order or judgment of the County Court herein is appealable. Section 1357 of the Code of Civil Procedure provides that an appeal may be taken to the Appellate Division of the Supreme Court from an order affecting a substantial right, made by a court of record possessing original jurisdiction-, or a judge thereof, in a special proceeding instituted in that court, or before a judge thereof, pursuant to a special statutory provision. The County Court is a court of record possessing original jurisdiction. (Code Civ. Proc. §§2,340.)
The order appealed from affects a -substantial…
2Cases cited16 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People ex rel. Connelly v. ReisAppellate Division of the Supreme Court of the State of New York · 1905
- Kermani v. Town Board of GuilderlandAppellate Division of the Supreme Court of the State of New York · 1975
- City of Ithaca v. BabcockAppellate Division of the Supreme Court of the State of New York · 1902
- In re the Assessment of the Cost of the Improvement of Edgewood AvenueNew York Supreme Court · 1948
- Carriero v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2010
7 more not listed; retrieve them via the Exa API.