Legal Opinion

People ex rel. Smith v. Sohmer

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1914PublishedCited by 6 opinions

Appeal by the relator, George G. Smith, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 9th day of April, 1914, denying his motion for a peremptory writ of mandamus and dismissing the proceedings.

1Opinion of the Court

Lyon, J.:

In 1910 the State appropriated for barge canal purposes lands of which the relator claimed to have title. The relator thereupon filed with the Court of Claims a claim for such appropriation, which upon trial in said court resulted in November, 1911, in a judgment for $2,545.86. Thereafter there was filed with the State Comptroller a certified copy of the judgment, a certificate of no appeal by the Attorney-General, a 'release and waiver of lien by claimant’s attorneys, and an abstract of title of the premises. The Attorney-General disapproved of the abstract of title, and the…

2Cases cited2 opinions

  1. People Ex Rel. Swift v. . LuceNew York Court of Appeals · 1912
  2. Taylor v. StateNew York Court of Claims · 1910

3Cited by6 opinions

  1. People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
  2. Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
  3. Amato v. StateNew York Court of Claims · 1939
  4. In Re City of New York for the Appointment of Commissioners of Estimate & AssessmentNew York Court of Appeals · 1920
  5. L-C Security Service Corp. v. StateNew York Court of Claims · 1980

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