Volume 97 — New York Supreme Court Reports

Appeal by tbe plaintiff, Jonas J. White, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the '27th day of April, 1894, upon the decision of the court rendered after a trial at the Erie’ Special Term. The action was brought to compel the specific performance of a contract for the purchase of real estate.

Appeal by tlie plaintiff, Asa Cheney, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Chautauqua on the 17th day of September, 1894, upon the decision of the court, rendered after a trial at the Chautauqua Circuit before the court without a jury. Judgment affirmed, with costs, on opinion of Lambert, J., at Circuit.

Appeal by tlie plaintiffs, Abbie S. Nasli and others, from an interlocutory judgment of tlie Supreme Court in favor of the defendant, The Hall Signal Company, entered in the office of the clerk of the county of New York on the 3d day of July, 1895, upon the decision of the court rendered after a trial at the New York Special Term sustaining the said defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an order entered in…

Appeal by tlie defendant, Nathaniel P. Rogers, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 8th day of May, 1895, upon the decision of the court rendered after a trial at the New York Special Term. Judgment affirmed, with costs, on opinion of court below.

<p>Highways — who may petition for a highway to he located partly in his own town a/nd partly in another.</p> <p>Under the provisions of section 96 of chapter 568 of the Laws of 1890, a person liable to be assessed for highway labor in one town may initiate proceedings to lay out a highway which is located partly in his own town and partly in another town; and where he has complied with all the statutory requirements, and the towns are in the same county, the County Court is authorized to appoint commissioners in the matter.</p>

Certiorari issued out of the Supreme Court, and attested on the 17th dayY>f ■ June, 1895, directed to the board of fire commissioners . of tbe village of Saratoga Springs and to the members of said board, directing them to certify and return to the clerk of the county of Saratoga their proceedings in the premises, with the dates and the record thereof, and all and singular the resolutions, contracts, notes of acceptance, appointments and other papers, records or minutes of…

Appeal by the defendants, The Commissioners of the Land Office, from an order of the Supreme Court, made at the Schoharie Special Term and entered in the office of the cleric of the county of Albany 'on the 22d day of April, 1895, directing that a peremptory writ of .mandamus issue.