Miller v. City of Amsterdam

New York Supreme Court

Miller v. City of Amsterdam

28 N.Y.S. 1021, 60 N.Y. St. Rep. 510

DecidedMay 8, 1894

StatusPublished

This text of 28 N.Y.S. 1021 (Miller v. City of Amsterdam) 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

Miller v. City of Amsterdam, 28 N.Y.S. 1021, 60 N.Y. St. Rep. 510 (N.Y. Super. Ct. 1894).

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Opinion

PUTNAM, J.

I have looked over these cases, and it seems to me that it is unnecessary to write an opinion. The conclusion of the referee that a majority of the taxpayers on the street did not sign the petition seems sustained by the evidence, and, in the absence of the signatures of such majority, the defendant’s trustees had no power to act. I do' not think that defendant’s trustees could obtain jurisdiction by an erroneous finding of a fact necessary to confer jurisdiction. See Jex v. Mayor, 103 N. Y. 536-539, 9 N. E. 39; Cag[1024]*1024win v. Town of Hancock, 84 N. Y. 532; Lathrop v. City of Buffalo, 3 Abb. Dec. 30; Tingue v. Village of Port Chester, 101 N. Y. 294, 4 N. E. 625. All concur.

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PUTNAM, J.

I have looked over these cases, and it seems to me that it is unnecessary to write an opinion. The conclusion of the referee that a majority of the taxpayers on the street did not sign the petition seems sustained by the evidence, and, in the absence of the signatures of such majority, the defendant’s trustees had no power to act. I do' not think that defendant’s trustees could obtain jurisdiction by an erroneous finding of a fact necessary to confer jurisdiction. See Jex v. Mayor, 103 N. Y. 536-539, 9 N. E. 39; Cag[1024]*1024win v. Town of Hancock, 84 N. Y. 532; Lathrop v. City of Buffalo, 3 Abb. Dec. 30; Tingue v. Village of Port Chester, 101 N. Y. 294, 4 N. E. 625. All concur.

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Bluebook (online)

28 N.Y.S. 1021, 60 N.Y. St. Rep. 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-city-of-amsterdam-nysupct-1894.

Opinion

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