People Ex Rel. Goring v. President & Board of Trustees of Wappingers Falls
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second judicial department, entered December 30, 1895, which affirmed an order of the Special Term denying an application by relator for an assessment of damages against the defendant under section 2088 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. Delator was entitled to have his damages assessed in this proceeding. (Code Civ.
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Appeal from an order of the General Term of the Supreme Court in the second judicial department, entered December 30, 1895, which affirmed an order of the Special Term denying an application by relator for an assessment of damages against the defendant under section 2088 of the Code of Civil Procedure. The facts, so far as material, are stated in the opinion. Delator was entitled to have his damages assessed in this proceeding. (Code Civ. Pro. §§ 2082, 2088, 2550; 5 Wait’s Pr. 592; 7 Am. & Eng. Ency. of Law, 965, 966; 5 Am. & Eng. Ency. of Law, 373 ; Town of Mentz v. Cook, 108 N. Y. 504;…
1Opinion of the CourtBartlett, J.
The relator was elected a police justice at the village election held- in Wappiugers Falls on the third Tuesday of March, 1894.
The trustees of the village refused to recognize the relator, whereupon he applied for a peremptory writ of mandamus to compel them to act in the premises as required by law.
The Special Term granted the writ and this court affirmed the order of the General Term, which slightly modified and affirmed the original order. (144 N. Y. 616.)
The relator noticed a motiqn for April 19th, 1895, on the remittitur of this court for the usual order in the court below and also that…
2Cases cited1 opinion
- People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
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- Golomb v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1983
- McGraw v. . GresserNew York Court of Appeals · 1919
- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- People ex rel. Walker v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
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