People Ex Rel. Haines v. Smith
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, reversing, upon certiorari, a judgment of the county judge of Ontario county, in a proceeding on an application to bond the town of Phelps, Ontario county, to aid in the construction of the Sodus Point and Southern railroad.
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Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, reversing, upon certiorari, a judgment of the county judge of Ontario county, in a proceeding on an application to bond the town of Phelps, Ontario county, to aid in the construction of the Sodus Point and Southern railroad. By the return it appeared that a petition was presented to the county judge of Ontario county, purporting to be signed by a majority of the tax-payers of the town of Phelps, whose names appear upon the last preceding tax list or assessment roll as owning or representing a…
1Concurrence
The order and judgment of the county judge of Ontario county, appointing commissioners, under chapter 907 of the Laws of 1869, with authority to issue the bonds of the town of Phelps in aid of the Sodus Point and Southern Railroad Company, were properly reversed, for the reasons assigned by the Supreme Court. Other objections were taken, at the hearing before the county judge and upon the argument in this court, relating to the vitality of the law, and the validity and efficacy of any proceedings under it, which, in the view we take of the proceedings, need not be considered. One objection…
2Cases cited1 opinion
- People, ex rel. Comter v. ReedNew York Supreme Court · 1848