People Ex Rel. Purdy v. . Fitch
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1895, ■which reversed an order of the Special Term granting a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. A peremptory writ of mandamus should issue herein. (Laws of 1887, chap. 721, § 1; Laws of 1893, chap. 537; Laws of 1882, chap. 410, § 873.) Chapter 537 of the Laws of 1893 is remedial and should he liberally construed.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 14, 1895, ■which reversed an order of the Special Term granting a peremptory writ of mandamus. The facts, so far as material, are stated in the opinion. A peremptory writ of mandamus should issue herein. (Laws of 1887, chap. 721, § 1; Laws of 1893, chap. 537; Laws of 1882, chap. 410, § 873.) Chapter 537 of the Laws of 1893 is remedial and should he liberally construed. (People ex rel. v. Zoll, 97 N. Y. 203.) The effect of an amendment of a statute made by enacting “ That the statute is…
1Opinion of the CourtHaight, J.
On the 14th day of November, 1894, the commissioners appointed under chapter 537 of the Laws of 1893, as amended by chapter 567 of the Laws of 1894, made an award to the relator, under and pursuant to the provisions of those acts, for damages sustained by her in consequence of a change of the grade of streets in front of premises owned by her.
The comptroller having refused to pay the award, a peremptory writ of mandamus directing him to pay the same was, on the motion of the relator, issued by the Special Term. On appeal, however, the General Term reversed the order and directed that the…
2Cases cited1 opinion
- People Ex Rel. Brisbane v. ZollNew York Court of Appeals · 1884
3Cited by13 opinions
- Harrison v. State Highway DepartmentSupreme Court of Georgia · 1936
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1896
- Parfitt v. FergusonAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Astor v. StillingsAppellate Division of the Supreme Court of the State of New York · 1908
- People Ex Rel. Janes v. . StillingsNew York Court of Appeals · 1910
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