People Ex Rel. Witherbee v. Board of Supervisors
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order reversing a judgment entered upon the report of a referee which awarded a peremptory mandamus and directing final judgment against the surviving relator. The proceedings were originally instituted by Silas H.' Witherbee, Jonathan G. Witherbee and Friend P. Fletcher," •composing the firm of Witherbee & Fletcher as relators.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order reversing a judgment entered upon the report of a referee which awarded a peremptory mandamus and directing final judgment against the surviving relator. The proceedings were originally instituted by Silas H.' Witherbee, Jonathan G. Witherbee and Friend P. Fletcher," •composing the firm of Witherbee & Fletcher as relators. After the return to the alternative writ, Jonathan Gf. Wither-. bee and Fletcher died. The alternative writ set forth that the petitioners presented to the…
1Opinion of the CourtFolger, J.
The respondents have the right to urge here, any consideration which they might have offered to the General Term ; and if it appears sufficient to maintain the conclusion to which that court has arrived, it will prevail here to uphold its judgment. (Simar v. Canaday, 53 N. Y., 298). It is needful, therefore, to consider all of the points made by them.
They first urge, that the remedy of the relators was complete and ample in another form. The basis of this contention is this : The furnace building and adjacent property having always in reality been in the town of Westport, the assessors of the…
2Cases cited3 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
3Cited by38 opinions
- State v. StrasburgWashington Supreme Court · 1910
- State Ex Rel. Caldwell v. Hooker, County JudgeSupreme Court of Oklahoma · 1908
- Riglander v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Hanson v. KrehbielSupreme Court of Kansas · 1904
- Galusha v. WendtSupreme Court of Iowa · 1901
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