People of the State of N.Y. v. . Ingersoll
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order affirming an order of Special Term sustaining demurrer by defendant Ingersoll to plaintiffs’ complaint. This action was brought against William M. Tweed, Elbert A. Woodward, James H. Ingersoll and Andrew J. Garvey, to recover moneys alleged to have been wrongfully and fraudulently obtained and" appropriated.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order affirming an order of Special Term sustaining demurrer by defendant Ingersoll to plaintiffs’ complaint. This action was brought against William M. Tweed, Elbert A. Woodward, James H. Ingersoll and Andrew J. Garvey, to recover moneys alleged to have been wrongfully and fraudulently obtained and" appropriated. The complaint alleged, in substance, that, by an act of the legislature of this State (chap. 382, Laws of 1870), entitled “an act to make further provision for the…
1Opinion of the CourtAllen, J.
The'historv of this action, a fragment only of which is presented by the record before us, has been peculiar, and if the practice adopted is to ripen into a precedent may be regarded as unfortunate. Ordinarily, a judgment deliberately given upon a question directly in issue has been;, and should be, regarded as the law of the particular case by other judges in subsequent stages of the litigation, until reversed upon appeal. In no other way can justice be duly administered, or the decisions of the courts command the respect of suitors and the public. Conflicting decisions by different judges,…
2Cases cited10 opinions
- City of Georgetown v. THE ALEXANDRIA CANAL COMPANY, &C.Supreme Court of the United States · 1838
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- People Ex Rel. McLean v. FlaggNew York Court of Appeals · 1871
- People v. . BoothNew York Court of Appeals · 1865
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3Cited by72 opinions
- W.D. Yett, Mayor v. CookTexas Supreme Court · 1926
- United States v. Union Pacific R. Co.Supreme Court of the United States · 1879
- City of New York v. StateNew York Court of Appeals · 1995
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
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