Beardslee v. . Dolge
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which affirmed a judgment in favor of plaintiff entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The facts stated in the offers of proof must be deemed to be true. (McNally v. P. Ins.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 25, 1893, which affirmed a judgment in favor of plaintiff entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so far as material, are stated in the opinion. The facts stated in the offers of proof must be deemed to be true. (McNally v. P. Ins. Co., 137 N. Y. 389; Rehberg v. Mayor, etc., 91 id. 137.) The defendant is liable for his false return. (Bryant v. Town of Randolph, 133 N. Y. 70 ; Hover v. Barkhoff, 44…
1Opinion of the CourtBartlett, J.
This is an appeal from the General Term, fourth department, affirming a non-suit at Circuit.
This action is brought to recover damages for a false return to a writ of certiorari made by the defendant when acting as highway commissioner of the town of Manheim, Herkimer county. The plaintiffs claim that the defendant, as such highway commissioner, made an order, without jurisdiction, locating a highway, as altered, through their barnyard, the center line being twenty-five feet from the barn. The plaintiffs applied for a writ of certiorari on the ground that it appeared “upon the face of said…
2Cases cited12 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- Hover v. BarkhoofCommission of Appeals · 1870
- Amy v. The SupervisorsSupreme Court of the United States · 1871
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- Miller v. . City of AmsterdamNew York Court of Appeals · 1896
- North Laramie Land Co. v. HoffmanWyoming Supreme Court · 1923
- McGraw v. . GresserNew York Court of Appeals · 1919
9 more not listed; retrieve them via the Exa API.