Matter of Tuthill
New York Court of Appeals
Appeal from an order and judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 30, 1899, reversing certain orders and judgments of the Orange County Court, entered in a special proceeding for the drainage of agricultural lands, and dismissing the proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The Drainage Act of 1895 is authorized by the Constitution of the state.
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Appeal from an order and judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 30, 1899, reversing certain orders and judgments of the Orange County Court, entered in a special proceeding for the drainage of agricultural lands, and dismissing the proceeding. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The Drainage Act of 1895 is authorized by the Constitution of the state. (Const. of N. Y. art. 1, § 7; People ex rel. v. Bd. of Suprs., 147 N. Y. 15 ; People ex rel. v. Rice, 135 N. Y. 473; Cooley…
1Opinion of the Court
This was a proceeding instituted by the petitioners for the purpose of causing certain low and wet lands, in the county of Orange, in this state, of which they were the owners, to be drained through ditches to be constructed over the lands of others, and the warrant for its commencement and for the various steps which have been taken is claimed to be found in chapter 384 of the Laws of 1895. The act provided, in its first section, that "a person owning agricultural lands within this state may institute proceedings for the drainage of such lands or the protection thereof from overflow, by the…
2Cases cited14 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Woodall v. DarstWest Virginia Supreme Court · 1912
- Flushing National Bank v. Municipal Assistance Corp.New York Court of Appeals · 1976
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Helena Power Transmission Co. v. SprattMontana Supreme Court · 1907
- Billings Sugar Co. v. FishMontana Supreme Court · 1910
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