Town of Cherry Creek v. . Becker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme . Court in the fifth judicial department, entered upon an order made October 19, 1888,-which affirmed a judgment in favor of defendant entered upon a decision of the court' on trial without a jury. The nature of the action and the material facts are stated in ■ the opinion.
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Appeal from judgment of the General Term of the Supreme . Court in the fifth judicial department, entered upon an order made October 19, 1888,-which affirmed a judgment in favor of defendant entered upon a decision of the court' on trial without a jury. The nature of the action and the material facts are stated in ■ the opinion. The non-review by certiorari, as provided in said bonding act, is no estoppel to the right of .said plaintiff to attack the order of the county judge for want of jurisdiction. (Davidsburgh v. L. Ins. Co., 90 N. Y. 526; C. C. Bank v. Judson, 8 id. 254 ; Craig v. Andes,…
1Opinion of the CourtO’Brien, J.
It is not seriously claimed in behalf of the town that any of the material facts found by the trial court and approved by the General Term are unsupported by evidence. The review in this court must, therefore, be confined to- the question whether, upon the facts found by the Special Term, the judgment dismissing the complaint was correct. The action was brought by the plaintiff, one of the towns of Chautauqua county, to set aside and declare canceled certain bonds of the town issued hr aid of a railroad. The Buffalo and Jamestown ¡Railroad Company was duly incorporated prior to April 1, 1872,…
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- Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875
- Frost v. BeekmanNew York Court of Chancery · 1814
- Falconer v. . the B. J.R.R. Co.New York Court of Appeals · 1877
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- Buckeye Churn Co. v. Abbott.Ohio Supreme Court · 1926
- Bussing v. . City of Mount VernonNew York Court of Appeals · 1910
- Schmitz v. ZehSupreme Court of Minnesota · 1904
- In re City of Mount VernonNew York Supreme Court · 1901
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