Town of Duanesburgh v. . Jenkins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the "court at Special Term. This.action was brought to restrain the negotiation of certain bonds issued by. defendant Jenkins, as railroad commissioner for plaintiff, to pay for subscription for stock of the Albany and Susquehanna Railroad Company.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the "court at Special Term. This.action was brought to restrain the negotiation of certain bonds issued by. defendant Jenkins, as railroad commissioner for plaintiff, to pay for subscription for stock of the Albany and Susquehanna Railroad Company. The case appears twice in the Supreme Court reports; once on appeal from order dissolving a preliminary injunction (40 Barb., 534) and once on appeal from judgment in favor of…
1Opinion of the Court
Johnson, C.
The Court of Appeals in The People v. Mitchell (35 N. Y., 551), gave a construction to the two acts chapter 18 of the Laws of 1863, and chapter 402 of the Laws of 1864, and although some members of the court dissented, an authoritative majority appears to have concurred in the views expressed by Judge Porter. He says: “ Our clear conclusion is, that it was the intention of the confirmatory acts to make the affidavits of consent then on file in the clerks’ offices of the respective towns and counties, however defective in c form or substance,’ valid and conclusive proof in all…
2Cases cited11 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- St. Joseph Township v. RogersSupreme Court of the United States · 1873
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Starin v. . the Town of GenoaNew York Court of Appeals · 1861
- Thomas v. LelandNew York Supreme Court · 1840
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- Boardwalk & Seashore Corp. v. MurdockNew York Court of Appeals · 1941
- Potter v. LainhartSupreme Court of Florida · 1902
- Town of Bennington v. ParkSupreme Court of Vermont · 1877
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