Olmsted v. . Dennis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Defendant Cook was not a commissioner after his resignation was received by the county judge.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. The nature of the action and the facts are set forth sufficiently in the opinion. Defendant Cook was not a commissioner after his resignation was received by the county judge. (1 R. S., 413, § 38, sub. 6; id., § 40, sub. 2; Gilbert v. Luce, 11 Barb., 91.) Defendants’ omission to obtain written title to right of way for constructing the ditch did not invalidate subsequent .proceedings by them, or render, them…
1Opinion of the CourtEarl, J.
The defendants were appointed drainage commissioners by the county judge of Wayne county in July, 1872, under the act chapter 888 of the Laws of 1869 ; and under section eight of that act, with the approval of the county judge, in August, 1873 they borrowed of the plaintiff $250, and gave him a certificate for the same certifying that it was payable to him, with interest, “ on the completion of the collection of assessments ” in the matter of the drainage. This action Avas brought to rccov'cr the sum thus borroAved of the defendants personally, on the grounds “ that by means of the negligent…
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- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Hover v. BarkhoofCommission of Appeals · 1870
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
- Riddle v. County of BedfordSupreme Court of Pennsylvania · 1821
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- Meeker v. ReedCalifornia Court of Appeal · 1924
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