People Ex Rel. Cayuga Nation of Indians v. Commissioners of Land Office
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 17, 1912, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the commissioners of the land office to adjust a claim of the Cayuga Nation of Indians and granted said motion. The facts, so far as material, are stated in the opinion. The provisions of chapter 255, Laws of 1909, were not mandatory.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 17, 1912, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the commissioners of the land office to adjust a claim of the Cayuga Nation of Indians and granted said motion. The facts, so far as material, are stated in the opinion. The provisions of chapter 255, Laws of 1909, were not mandatory. (People ex rel. Tracy v. Woodruff, 54 App. Div. 1; People ex rel. Underhill v. Saxton, 15 App. Div. 263.) The land hoard acted…
1Opinion of the CourtGray, J.
This application was made in behalf of the Cayuga Nation of Indians, resident in this state, for a peremptory writ of mandamus, which should require the commissioners of the land office “ at once to take steps towards a settlement of the claim of the Cayuga Nation of Indians, resident in the State of New York,” under the provisions of chapter 255 of the Laws of 1909. The writ was refused at the Special Term of the Supreme Court; but, on appeal to the Appellate Division, in the third judicial department, that court reversed the order below and granted the application.
Chapter 255 of the Laws of…
2Cases cited3 opinions
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Cayuga Nation of Indians v. . the StateNew York Court of Appeals · 1885
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- Board of Education v. GravesAppellate Division of the Supreme Court of the State of New York · 1925
- Long Sault Development Co. v. KennedyNew York Court of Appeals · 1914