Wheeler v. . State of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims, The nature of the claim and the facts, so far as material, are stated in the opinion. The claimant had no cause of action against the state unless it is created by the Enabling Act. (People ex rel. Hall v. Woodruff, 57 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1907, affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims, The nature of the claim and the facts, so far as material, are stated in the opinion. The claimant had no cause of action against the state unless it is created by the Enabling Act. (People ex rel. Hall v. Woodruff, 57 App. Div. 342.) If the Enabling Act be construed to give to the claimant a right of action against the state where none existed before, it is void as violative of…
1Opinion of the Court
Cullen, Ch. J.
In 1893 the forest commission, under provisions of law, advertised for sale, with other wild lands in the Adirondack^, a tract of 2,900 acres, for which the respondent bid the sum of $5.57 an acre. Ilis bid being the highest was accepted. • Before the sale was consummated it was discovered that the tract being within twenty miles of Clinton prison its sale was unauthorized, whereupon an act was passed by the legislature (Laws 1894, ch. 209) which confirmed the sale and directed the execution to respondent of the necessary deeds of transfer upon his payment of the purchase money.…
2Cases cited10 opinions
- Coxe v. . StateNew York Court of Appeals · 1895
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
- Wrought Iron Bridge Co. v. Town of AtticaNew York Court of Appeals · 1890
- Kinney v. WattsNew York Supreme Court · 1835
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3Cited by15 opinions
- People v. Westchester County National BankNew York Court of Appeals · 1921
- Munro v. . State of New YorkNew York Court of Appeals · 1918
- Fairfield v. HuntingtonArizona Supreme Court · 1922
- Veterans' Welfare Board v. RileyCalifornia Supreme Court · 1922
- Babcock v. StateAppellate Division of the Supreme Court of the State of New York · 1919
10 more not listed; retrieve them via the Exa API.