In re Laidlaw
Appellate Division of the Supreme Court of the State of New York
Appeal by Mary E. Gillette and others, opposing property owners, from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 30th day of March, 1914, denying their motion to vacate the decision of the commissioners herein, with notice of an intention to bring up for review an order entered in said clerk’s office on the 9th day of February, 1914, directing the re-entry, nunc pro tunc, of the order appointing the commissioners…
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Appeal by Mary E. Gillette and others, opposing property owners, from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 30th day of March, 1914, denying their motion to vacate the decision of the commissioners herein, with notice of an intention to bring up for review an order entered in said clerk’s office on the 9th day of February, 1914, directing the re-entry, nunc pro tunc, of the order appointing the commissioners herein.
1Opinion of the Court
Putnam, J.:
This appeal seeks to set aside and vacate these highway proceedings, to which have been made several objections which the County Court has overruled.
1. The order of July 22, 1913, appointing commissioners, was in writing, duly made and signed at a Special Term of the County Court held at Patchogue. It was not filed or entered until after the commissioners had acted. But the making of the order was sufficient to give jurisdiction, so that it could be ordered to be filed nunc pro tunc. (Eighmy v. People, 79 N. Y. 546; Gerity v. Seeger & Guernsey Co., 163 id. 119; Loper v. Wading…
2Cases cited5 opinions
- Eighmy v. . the PeopleNew York Court of Appeals · 1880
- Matter of De CampNew York Court of Appeals · 1897
- Loper v. Wading River Realty Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Bruyn v. GrahamNew York Supreme Court · 1828
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by1 opinion
- Towner v. SchoenthalAppellate Division of the Supreme Court of the State of New York · 1986