Van Wormer v. Mayor of Albany
New York Supreme Court
[170] [171] Error from the supreme court. Van Wormer sued the corporation of Albany in an action on the case, for causing to be pulled down and prostrated certain buildings belonging to him.
Read the full summary
[170] [171] Error from the supreme court. Van Wormer sued the corporation of Albany in an action on the case, for causing to be pulled down and prostrated certain buildings belonging to him. The corporation pleaded the general issue and a special plea, that before the said time when, &c., the lots or parcels of ground mentioned in the declaration, upon which the buildings were erected, were complained of as being and in fact were a common and public nuisance, dangerous to the health and lives of the people of the city of Albany, for the spread and propagation of the Asiatic cholera then…
1Opinion of the Court
After advisement, the following opinion was delivered:
By the Chancellor.
[172] [173] The writ of error in this case is brought upon a judgment of nonsuit, upon which no legal question can arise here. Even if the bill of exceptions, which was taken at the circuit, and is printed with the case in this court, could be considered to have the same operation as if it had been incorporated in the record, I do not see how it could possibly aid the plaintiff in reversing the judgment, because from the bill of exceptions it does not appear that the plaintiff was improperly nonsuited by the circuit…
2Cited by12 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- People ex rel. Sheppard v. Illinois State Board of Dental ExaminersIllinois Supreme Court · 1884
- Mogaard v. City of GarrisonNorth Dakota Supreme Court · 1921
- Fish v. WeatherwaxNew York Supreme Court · 1801
- Bismarck Tribune Co. v. WolfNorth Dakota Supreme Court · 1934
7 more not listed; retrieve them via the Exa API.