Legal Opinion

Kent v. Common Council of Binghamton

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1904PublishedCited by 6 opinions

Appeal by the defendants, The Common Council of the City of Binghamton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 9th day of April, 1903, upon, as stated in said judgment, the decision of the court, rendered after a trial at the Broome Special.

Read the full summary

Appeal by the defendants, The Common Council of the City of Binghamton and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 9th day of April, 1903, upon, as stated in said judgment, the decision of the court, rendered after a trial at the Broome Special. Term, restraining the defendants from collecting any part of the expense of paving a certain portion of Court street in the city of Binghamton.

1Opinion of the Court

Chester, J.:

The record on appeal does not show that there has been any decision in this case as required by section 1022 of the Code of Civi Procedure. The attorneys have apparently regarded the unsigned *554opinion of the learned justice at Special Term as a decision, and tipon that alone the clerk has entered the judgment which has been appealed from. The opinion, after a lengthy discussion of the facts and law, concludes as follows: “If I am correct in the conclusions reached, the plaintiff is entitled to the relief demanded in his complaint and to a permanent injunction restraining the…

2Cases cited1 opinion

  1. Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by6 opinions

  1. Smith v. . GeigerNew York Court of Appeals · 1911
  2. Long's Baggage Transfer Co. v. BurfordSupreme Court of Virginia · 1926
  3. Ventimiglia v. . EichnerNew York Court of Appeals · 1914
  4. Woolf v. WoolfNew York Supreme Court · 1926
  5. Troughton v. Digmore Holding Co.New York Supreme Court · 1919

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API