Stanton v. . Board of Supervisors
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint .by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 8, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint .by the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The provisions of the County Law (L. 1892, ch. 686), so far as they relate to removal of a county seat more than one mile and beyond the limits of the incorporated village where already situated, are unconstitutional and void. They are a surrender of…
1Opinion of the CourtHaight, J.
The plaintiff, as a taxpayer of the county of Essex, brings this action to restrain the board of supervisors from carrying into effect a resolution passed by the board removing the county seat from Elizabethtown to Westport-
Various questions are raised with reference to the regularity of the proceedings under which tlie removal of the county seat was authorized which we think were properly disposed of by the trial court, and further discussion of them we deem unnecessary. There remains, however, one question of public importance which requires consideration, and that is the contention that…
2Cases cited12 opinions
- Wayman v. SouthardSupreme Court of the United States · 1825
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- Barto v. . HimrodNew York Court of Appeals · 1853
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Bank of Chenango v. . BrownNew York Court of Appeals · 1863
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3Cited by36 opinions
- Darweger v. StaatsNew York Court of Appeals · 1935
- Martin v. State Liquor AuthorityNew York Supreme Court · 1964
- People Ex Rel. Unger v. . KennedyNew York Court of Appeals · 1913
- Brawner v. Supervisors of ElectionsCourt of Appeals of Maryland · 1922
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
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