Kelly v. Wheeler

New York Supreme Court

Kelly v. Wheeler

3 N.Y.S. 289, 21 N.Y. St. Rep. 311, 1888 N.Y. Misc. LEXIS 592

CourtNew York Supreme Court

DecidedDecember 13, 1888

StatusPublished

Cited by1 cases

This text of 3 N.Y.S. 289 (Kelly v. Wheeler) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. Wheeler, 3 N.Y.S. 289, 21 N.Y. St. Rep. 311, 1888 N.Y. Misc. LEXIS 592 (N.Y. Super. Ct. 1888).

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Opinion

Pratt, J.

So far as it can be done by this general term, the constitpjtipqT ality of the act of 1883, c. 114, was settled by the case of Terrill v. Wheeler 2 N. Y. Supp. 86, (decided June, 1888.) We are bound by that decision, and it requires the affirmance of the j udgment appealed from. It is argued; by apr [290]*290pellants that the notices proved are not sufficiently specific in describing the lands affected, and the owners of the lands'. We are not of that opinion, and must affirm the judgment.

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Pratt, J.

So far as it can be done by this general term, the constitpjtipqT ality of the act of 1883, c. 114, was settled by the case of Terrill v. Wheeler 2 N. Y. Supp. 86, (decided June, 1888.) We are bound by that decision, and it requires the affirmance of the j udgment appealed from. It is argued; by apr [290]*290pellants that the notices proved are not sufficiently specific in describing the lands affected, and the owners of the lands'. We are not of that opinion, and must affirm the judgment.

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Bluebook (online)

3 N.Y.S. 289, 21 N.Y. St. Rep. 311, 1888 N.Y. Misc. LEXIS 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-wheeler-nysupct-1888.

Opinion

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