New York Supreme Court, 1888

Kelly v. Wheeler

Kelly v. Wheeler
New York Supreme Court · Decided December 13, 1888 · Pratt
3 N.Y.S. 289; 21 N.Y. St. Rep. 311; 1888 N.Y. Misc. LEXIS 592 (New York Supplement)

Counsel

A. H. & W. E. Osborn, for appellants. Hurd & Grim, for respondent, i»

Kelly v. Wheeler

Opinion of the Court

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 *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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