Matter of Marsh
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term appointing commissioners to appraise damages under section 9 of the drainage act (chap. 888, Laws of 1869.) (Reported below, 10 Hun, 49.) The petition of the drainage commissioners stated among other things that they “ have been and are unable to agree with persons owning said lands, upon the compensation and damages for making and maintaining…
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term appointing commissioners to appraise damages under section 9 of the drainage act (chap. 888, Laws of 1869.) (Reported below, 10 Hun, 49.) The petition of the drainage commissioners stated among other things that they “ have been and are unable to agree with persons owning said lands, upon the compensation and damages for making and maintaining forever such drains and channels,” but did not state the reasons why they could not agree. The proceedings would be void,…
1Opinion of the CourtAllen, J.
Unless the petitioner complied substantially with the requirements of the statute under which the proceedings were had, the court did not acquire jurisdiction, arid the proceedings were coram non jndice. The facts necessary to give the court or officer jurisdiction must appear in the proceedings and in the petition, to which the court alone looks for the facts upon which jurisdiction depends. (Gilbert v. Columbia Turnpike Co., 3 J. C., 107; Sharp v. Speir., 4 Hill, 81; State v. Mayor of Jersey City, 38 N. J. [Law] R., 85; Same v. Perth Amboy, id., 425.)
The statute under which the proceedings…
2Cited by18 opinions
- St. Louis & S. F. R. v. Southwestern Telephone & Telegraph Co.Court of Appeals for the Eighth Circuit · 1903
- Metropolitan Elevated Railway Co. v. DominickNew York Supreme Court · 1889
- Sisson v. Town of StoningtonSupreme Court of Connecticut · 1900
- New York State Electric & Gas Corp. v. SchienerAppellate Division of the Supreme Court of the State of New York · 1978
- City of Long Beach v. Long Beach Water Co.Appellate Division of the Supreme Court of the State of New York · 1924
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