People, Ex Rel. v. . Pres't, Etc., Vil. Whitney's Pt.
New York Court of Appeals
Appeal from judgment and order of general term supreme court, third department, reversing judgment on report of referee in favor of plaintiff, and granting new trial.
1Opinion of the CourtEarl, J.
A judgment was entered in this action upon the report of a referee, commanding the defendant to levy and collect a tax to pay the plaintiff an award made for lands taken for a street in the village of Whitney’s Point. The defendant refused to levy a tax to pay the award, upon the ground that the proceedings for laying out the street for which the lands were alleged to have been taken were illegal and wholly void, so that no obligation to pay the award was ever imposed upon the village. The general term sustained the contention of the defendants, and reversed the judgment of the referee,…
2Cited by6 opinions
- Haas v. CeramiSupreme Court of Louisiana · 1942
- Cerami v. HaasSupreme Court of Louisiana · 1940
- Smith v. WilliamsSupreme Court of Oklahoma · 1928
- Sun Oil Co. v. BlevinsDistrict Court, W.D. Louisiana · 1939
- City of Buffalo v. Delaware, L. & W. RailroadNew York Supreme Court · 1895
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