People Ex Rel. Heiser v. . Gilon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which dismissed a writ of certiorari brought by the relator as executor of Christina E. Smith, deceased, to review the proceedings of the board of assessors of the city of Mew York in relation to an award for damages sustained by reason of the change of grade of Eighth avenue in the city of Mew York, and which affirmed the proceedings of said…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 2, 1888, which dismissed a writ of certiorari brought by the relator as executor of Christina E. Smith, deceased, to review the proceedings of the board of assessors of the city of Mew York in relation to an award for damages sustained by reason of the change of grade of Eighth avenue in the city of Mew York, and which affirmed the proceedings of said board. The facts, so far as material, are stated in the opinion. The writ of certiorari is the proper remedy. (Code of…
1Opinion of the CourtO’Brien, J.
The claim represented by the relator in this proceeding has passed through almost every conceivable stage of litigation. Beginning in 1873, with the presentation by the relator’s testator of a claim for damages to real estate to the board of assessors of the city of Hew York, it was followed by an order awarding a mandamus against the assessors, to compel them to act on it, which was resisted by them to a final decision by this court. Then, after the board had acted, a writ of certiorari was procured, to review what was claimed to be an erroneous or irregular decision, which resulted in the…
2Cases cited2 opinions
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- People Ex Rel. Oneida Valley National Bank v. Board of SupervisorsNew York Court of Appeals · 1873
3Cited by16 opinions
- Tod v. CrismanSupreme Court of Iowa · 1904
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- Sterritt v. YoungWyoming Supreme Court · 1905
- H. F. Wilcox Oil & Gas Co. v. WalkerSupreme Court of Oklahoma · 1934
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
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