Legal Opinion

Town of Solon v. Williamsburgh Savings Bank

New York Court of Appeals

Decided April 16, 1889PublishedCited by 28 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made January 10, 1888, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The county judge acquired no jurisdiction to render the judgment put in evidence, because the petition did not contain the necessary jurisdictional averments. (Laws 1869, chap. 907; People v. Smith, 45 N. Y. 783-784; Merritt v. Village of Port Chester, 71 id. 312;…

1Opinion of the CourtBradley, J.

The relief sought in bringing this action was that certain bonds of the plaintiff, purporting to have been issued pursuant to statute, and held by the defendant, be adjudged void, and that they be surrendered up and canceled.

They, with other bonds amounting in the aggregate to $44,800, were, by commissioners appointed for that purpose, in a proceeding had before the county judge of Oortland county, issued in aid of the Utica, Chenango and Cortland Railroad Company. The proceeding, which resulted in an adjudication and appointment of the commissioners, was had and completed in July, 1870. It…

2Cases cited34 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. N.Y. N.H.R.R. Co. v. . SchuylerNew York Court of Appeals · 1865
  3. United States v. LinnSupreme Court of the United States · 1841
  4. Angle v. North-Western Mutual Life InsuranceSupreme Court of the United States · 1876
  5. San Antonio v. MehaffySupreme Court of the United States · 1878

29 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Barnard v. . GantzNew York Court of Appeals · 1893
  2. Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
  3. Close v. Farmers' Loan & Trust Co.New York Court of Appeals · 1909
  4. Natural Gas Service Co. v. Serv-Yu Cooperative, Inc.Arizona Supreme Court · 1950
  5. Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903

23 more not listed; retrieve them via the Exa API.

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