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…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The counsel for the appellant insists that, the county judge having made his decision, and a judgment in pursuance thereof having been rendered and the record filed with the county clerk, before the writ of certiorari was sued out, the proceeding was not, at the time of the service of the writ, pending before him, and that the judgment was not, therefore, removed into the Supreme Court by the writ directed to him. In support of this position, the counsel cites…
2Cases cited5 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Hatcher v. . RocheleauNew York Court of Appeals · 1858
- People v. . the Assessors of AlbanyNew York Court of Appeals · 1869
- People ex rel. Yates v. FergusonCourt for the Trial of Impeachments and Correction of Errors · 1827
- People Ex Rel. Huntting v. Commissioners of Highways of East HamptonNew York Court of Appeals · 1864
3Cited by41 opinions
- Garrigus v. Board of CommissionersIndiana Supreme Court · 1872
- Greensburgh, Milford, & Hope Turnpike Co. v. SidenerIndiana Supreme Court · 1872
- Benedict v. Board of Police Pension Fund CommissionersWashington Supreme Court · 1950
- Town of Solon v. Williamsburgh Savings BankNew York Court of Appeals · 1889
- Gilbert v. Board of Police & Fire CommissionersUtah Supreme Court · 1895
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