People on rel. Adams v. Baker
New York Supreme Court
Demurrer to portions of return to an alternative mandamus, and to relator’s plea to a portion of the return. The relator had been plaintiff in an action against the Fort Plain Bank arising upon contract: the issues had been referred to the present respondent, who reported in favor of the plaintiff for $78.10; judgment was entered upon the report and the relator appealed.
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Demurrer to portions of return to an alternative mandamus, and to relator’s plea to a portion of the return. The relator had been plaintiff in an action against the Fort Plain Bank arising upon contract: the issues had been referred to the present respondent, who reported in favor of the plaintiff for $78.10; judgment was entered upon the report and the relator appealed. A case was prepared by the relator and was submitted, together with the amendments proposed on behalf of the Fort Plain Bank, to the respondent for settlement. After the settlement of the case the relator procured an…
1Opinion of the CourtBockes, J.
This case comes before me on two demurrers: one by the relator to a part of the defendant’s return to the alternative writ of mandamus issued to him; the other by the *26defendant to the plea of the relator to the remaining part of such return.
A history of the proceedings prior to the issuing of the alternative writ is necessary to an understanding of the legal questions presented "by the demurrers.
The relator commenced an action in assumpsit against the Fort Plain Bank, claiming to recover as assignee of certain demands which were alleged to have been transferred to him. The cause was put at…
2Cases cited12 opinions
- Commercial Bank v. Canal CommissionersCourt for the Trial of Impeachments and Correction of Errors · 1832
- Sikes v. RansomNew York Supreme Court · 1810
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- People Ex Rel. Post v. RansomNew York Court of Appeals · 1949
- People ex rel. Ayres v. Board of SupervisorsNew York Supreme Court · 1852
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3Cited by12 opinions
- People Ex Rel. Hasbrouck v. Board of SupervisorsNew York Court of Appeals · 1892
- State ex rel. Green Bay & Minnesota Railroad v. JenningsWisconsin Supreme Court · 1882
- Jelley v. RobertsIndiana Supreme Court · 1875
- People ex rel. Lee Lin Tai v. HewillCalifornia Supreme Court · 1880
- In re BeckleyAppellate Division of the Supreme Court of the State of New York · 1926
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