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People ex rel. Western Union Telegraph Co. v. Terney

32 N.Y. St. Rep. 608 Court N.Y. Gen. Term Decision date 1890-07-07 English

Delivered by Mayham, J.

Contents

Majority

p. 608
The People ex rel. The Western Union Telegraph Co. App’lt, v. Michael A. Terney et al., Assessors of the City of Troy, Resp’ts.
(Supreme Court, General Term, Third Department
Filed July 7, 1890.)

Headnote

Appeal from judgment of special term quashing writ of certiorari.
King & King ( Wager Swayne and Brown & Wells, of counsel), for app’lt; B. A. Parmenter, for resp’ts.

All the questions raised on this appeal have been considered by this court at this term in appeals from judgments on certiorari between the relator and the assessors of the city of Troy, and disposed of adverse to the appellant on this appeal, and for the reasons stated in the opinion of this court in those appeals and those contained in the very able opinion of the trial judge oil all these certioraris.

We think this case clearly distinguishable from People ex rel. Paddock v. Lewis, 55 Hun, 521 ; 29 N. Y. State Rep., 606. In that case the question of non-residence had been previously determined by the assessors, and nothing had occurred to change the condition after that determination.

That fact does not appear in this case.

The judgment of special term affirmed, with costs.

Learned, P. J., and Landon, J., concur.