Kent v. Common Council of Binghamton
Appellate Division of the Supreme Court of the State of New York
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.
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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
- Hall v. BestonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by6 opinions
- Smith v. . GeigerNew York Court of Appeals · 1911
- Long's Baggage Transfer Co. v. BurfordSupreme Court of Virginia · 1926
- Ventimiglia v. . EichnerNew York Court of Appeals · 1914
- Woolf v. WoolfNew York Supreme Court · 1926
- Troughton v. Digmore Holding Co.New York Supreme Court · 1919
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