In Re the Board of Rapid Transit Railroad Commissioners of New York
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made October 7, 1895. The nature of the proceeding and the facts, so far as material, are stated in the opinion. Commissioners, appellant. The order is appealable to this court. It was made in a special proceeding; it was a final order; it determined the entire proceeding and affected a substantial right. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the first judicial department made October 7, 1895. The nature of the proceeding and the facts, so far as material, are stated in the opinion. Commissioners, appellant. The order is appealable to this court. It was made in a special proceeding; it was a final order; it determined the entire proceeding and affected a substantial right. (Code Civ. Pro. § 190; Reed v. Mayor, etc., 97 N. Y. 620; Noyes v. C. A. Soc., 3 Abb. [N. S.] 36; E. L. A. Soc. v. Stevens, 63 N. Y. 341; Tilton v. Beecher, 59 N. Y. 176; Laning v. N. Y. C. R. R. Co.,…
1Opinion of the CourtPeckham, J.
This is an appeal from an order of the General Term of the Supreme Court of the first department, refusing to entertain the application of the rapid transit commissioners for the designation of newspapers in which to publish notices of their intention to apply to the court for the appointment of commissioners to report after due hearing whether 'a railroad ought to be constructed, etc. The appeal is somewhat anomalous, as there is no adverse interest and no respondent before us. The rapid transit commissioners are desirous of proceeding with the discharge of their duties under chapter 4 of…
2Cases cited1 opinion
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
3Cited by3 opinions
- State Ex Rel. Chavez v. EvansNew Mexico Supreme Court · 1968
- Matter of Trounstine v. . BrittNew York Court of Appeals · 1914
- O'Tier v. SellAppellate Division of the Supreme Court of the State of New York · 1929