Case law

People ex rel. Eckerson v. Board of Trustees of Haverstraw

20 N.Y.S. 7 · New York Supreme Court · Jul 22, 1892

People v. Commissioners, 13 Wend. 310 . The jury to assess the damages were properly obtained. … Such proof is justified by the ease of Baldwin v. City of Buffalo, 35 N. Y. 375 . It was unimportant whether or not the president of the trustees directed a fence to be built along a part of the premises in dispute.

Northeast Restoration Corp. v. K & J Construction Co., L.P.

4 Misc. 3d 197 · New York Supreme Court · May 4, 2004

In discussing a court’s duty to avoid a seemingly unintended result from a literal reading of a statute, the Court of Appeals wrote in Abood v Hospital Ambulance Serv. ( 30 NY2d 295, 298 [1972]): “While it is true that, whenever … Brown, Inc. was dismissed by me as per judgment filed April 8, 2003. .

Wholesale Laundry Board of Trade, Inc. v. City of New York

64 Misc. 2d 567 · New York Supreme Court · Nov 18, 1970

(Battista v. Board of Estimate of City of N. Y., 51 Misc 2d 962 [Gelliitoee, J.], affd. without opn. 27 A D 2d 986.) … (Smyth v. Ames, 169 U. S. 466 [1898].)

Loudoun County Board of Supervisors v. Vanguard Ltd. Partnership

38 Va. Cir. 200 · Loudoun County Circuit Court · Oct 19, 1995

The Court has earlier determined that the Waterford Farms Subdivision is a lawfully platted 55 parcel subdivision approved by the Board of Supervisors of Loudoun County. … See, e.g., Norfolk City v. Ellis, 67 Va. (26 Gratt.) 224 (1875); Cooper v. Kolberg, 247 Va. 341 (1994). The instant 55 lot subdivision was created out of three contiguous parcels.

Ronning v. Thompson

126 Misc. 2d 761 · New York Supreme Court · Jan 4, 1985

Brown, J. … (Delaware Midland Corp. v Incorporated Vil. of Westhampton Beach, 79 Misc 2d 438 , affd 48 AD2d 681 , affd 39 NY2d 1029 .)

People ex rel. McKenzie v. Board of Supervisors

37 N.Y. Sup. Ct. 148 · New York Supreme Court · May 15, 1883

And, of course, unless the board had the authority to do this without the mandmnus, the court can give the board no new power by the mandamus. … It would then seem to follow either that the old town remained liable for the debt (People v. Morrell, 21 Wend., 563 ), or that the debt must be apportioned as provided by the statute above cited.

Percival v. Hickey

18 Johns. 257 · New York Supreme Court · Aug 15, 1820

On the objection that trespass would not lie, Lord Ellenborough confirmed the doctrine he had delivered in Leame v. Bray, and said, it made no difference that the parties were sailing on ship board. … Brown, in discussing the powers and jurisdiction of the admiralty, (2 Brown’s Civil and Ad.

People ex rel. Otto v. Board of Assessors

34 N.Y. Sup. Ct. 559 · New York Supreme Court · Sep 15, 1882

(People v. Cassity, 46 N. Y., 46 ; Smith v. The Mayor, 68 id., 552; The People ex rel. Van Nest v. Commissioners of Taxes, etc., 80 id., 573; The People ex rel. N. Y. Elevated R. R. Co. v. Same, 82 id., 459.)

M. & M. Stone Co. v. Zoning Board of Adjustment of Lower Salford Township

16 Pa. D. & C.2d 584 · Pennsylvania Court of Common Pleas, Montgomery County · Jul 1, 1958

This result could not have been intended”: Cheswick Borough v. Bechman, 352 Pa. 79, 82 (1945). See also Humphreys v. Stuart Realty Corporation, 364 Pa. 616, at 621 (1950) ; Firth v. … Co., Inc. v. Board of Appeals, 324 Mass. 433, 436 , 86 N. E. 2d 906, 909 (1949).

Wickham v. Coyner

12 Ohio C.C. (n.s.) 433 · Delaware Circuit Court · Jul 1, 1902

Story, Conflict of Laws, Section 46; Bruce v. Bruce, 2 Bos. & Pul., N. R., 228; Sears v. … As to the conduct of the election in Brown township: We are satisfied from the evidence that the judges of election in Brown township assisted certain inmates of the infirmary in marking their ballots.

National Board of Marine Underwriters v. National Bank of Republic

30 N.Y.S. 544 · The Superior Court of the City of New York and Buffalo · Oct 9, 1894

See, also, Genet v. Davenport, 60 Y. Y. 194. … Goodsell v. Telegraph Co., 109 N. Y. 147 , 16 N. E. 324 , is cited to-sustain Ms contention.

Gray ex rel. Monroe v. Board of Supervisors

33 N.Y. Sup. Ct. 265 · New York Supreme Court · Jan 15, 1882

Bank v. Fourth Nat. Bank, 46 N. Y., 82 ; 1 Perry on Trusts, § 463.) 3d. That the receipt by the treasurer of money of the county from time to time made him a debtor to the county. (Perley v. Country of Muskegon, 20 Am. … (Stephens v. Board of Education, 79 N. Y., 183 ; Southwick v. First Nat. Bank, 84 N. Y., 420, 435 .) I think that within the principle of the two last cases cited the case of Backer v.

People ex rel. Conway v. Board of Supervisors

13 N.Y. Sup. Ct. 572 · New York Supreme Court · Jan 15, 1876

The construction of the bridge might have been a proper county charge if the work had been done under the authority of the board of supervisors. (Phelps v. Hawley, 52 N. Y., 23 .) … (Newburgh Turnpike Co. v. Miller, 5 Johns. Ch., 101 ; Mayor v. Furze, 3 Hill, 612 ; Baldwins. The Mayor, 2 Keyes, 410 ; Phelps v. Hawley, supra; People ex rel. Otsego Bank v. The Board of Sup. of Otsego, 51 N.

People ex rel. Scott v. Board of Supervisors

27 N.Y. Sup. Ct. 196 · New York Supreme Court · Feb 15, 1880

Pl., 227; Gilman v. Rives, 10 Pet., 301 ; Wilbur v. Gilmore, 21 Pick., 253 ; Dutchess of Kingston’s Case, 2 Smith Lead. Cas. [6th Am. ed.], 808; Stowell v. Chamberlain, 60 N. Y., 272 .) … (Smith v. People, 47 N. Y., 330 .)

People ex rel. Board of Supervisors v. Hadley

21 N.Y. Sup. Ct. 183 · New York Supreme Court · May 15, 1878

This court held in The People v. Hillhouse ( 1 Lans., 87 ), that the comptroller was authorized to act upon proofs taken in his absence before a referee. … Sheridan v. Andrews, 52 N. Y., 448 -9), and that the board of supervisors is not such a party. The order appealed from should be reversed, and the writ should be quashed with costs. Barnard, P.

Wickham v. Coyner

20 Ohio C.C. Dec. 765 · Delaware Circuit Court · Jul 1, 1892

“In Bell v. Kennedy, L. R. 1, H. … Bruce v. Bruce, 2 Bos. & Pul. N. R. 228; Sears v. Boston, 42 Mass. (1 Metc.) 250.

People ex rel. Board of Education v. Hooper

20 N.Y. Sup. Ct. 639 · New York Supreme Court · Apr 15, 1878

Hooper, School Commissioner of the second district of Onondaga county, *640 to a writ of oertiora/ri issued upon the application of the Board of Education of the Free School District No. 2 of the town of Onondaga. … (Fonda v. Canal Appraisers, 1 Wend., 288 ; The People ex rel. Citizens’ Gas-tight Co. v. The Board of Assessors, 39 N. Y., 81 ; People v. Bd. of Police, id., 506.)

McCormick v. City of Alexandria Board of Zoning Appeals

5 Va. Cir. 313 · Alexandria County Circuit Court · Jan 22, 1986

Rather, "the court may not disturb the Board’s decision unless it has applied principles of law or where the Board’s discretion is involved unless the evidence before the court proves to its satisfaction that the Board’s … Board of Zoning Appeals v. Fowler, 201 Va. 942, 948 (1960).

Hutter v. Town of Brookhaven

205 Misc. 1 · New York County Courts · Jan 11, 1954

Board of Fire Comrs., Millwood ( 279 App. Div. 698 ) in support of its position. … The thought back of this amendment of 1951 is well expressed in Matter of Brown v. Towns of Gates and, Chili ( 266 App.

Pleasant Excavating Co. v. Fairfax County Board of Supervisors

37 Va. Cir. 549 · Fairfax County Circuit Court · Jun 8, 1994

The decisions cited in Obenshain are Parker v. … Prince William County, 198 Va. 231 (1956) (appeal dismissed because claimant failed to execute a bond with sufficient surety until nine and one-half months after board’s initial denial of the claim); and Karara v.