New York & Long Island Bridge Co. v. Smith
New York Court of Appeals
Appeal by the defendant Lenox Smith in condemnation proceedings, from an order of the General Term in the first judicial department, made November 15, 1895, affirming an order appointing commissioners of appraisal, entered on the direction of the court upon the decision of a referee, in favor of the petitioner and against the defendant, after a trial of the issues.
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Appeal by the defendant Lenox Smith in condemnation proceedings, from an order of the General Term in the first judicial department, made November 15, 1895, affirming an order appointing commissioners of appraisal, entered on the direction of the court upon the decision of a referee, in favor of the petitioner and against the defendant, after a trial of the issues. This special proceeding was begun on March 18, 1895 ; the defendant Smith answered, and the defendant Skelly neither answered nor appeared at the trial. The premises belonging to defendant Lenox Smith, and for the appropriation of…
1Opinion of the CourtBartlett, J.
The main question presented by this appeal is whether the Flew York and Long Island Bridge Company was, at the time this proceeding was instituted, an existing corporation duly authorized to acquire title to the land of the defendant Smith, for the purposes of constructing the bridge and its approaches.
The learned counsel for the appellant rests his attack upon the corporate existence on warious distinct grounds, and a proper consideration of them involves a full examination of the legislation under which the bridge company claims the right to maintain this proceeding.
The appellant takes a…
2Cases cited12 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Grenada County Supervisors v. BrogdenSupreme Court of the United States · 1884
- People Ex Rel. Burrows v. Supervisors of Orange CountyNew York Court of Appeals · 1858
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3Cited by52 opinions
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- Rathbone v. . WirthNew York Court of Appeals · 1896
- Chicago Railways Co. v. Commerce Commission Ex Rel. Chicago Motor Coach Co.Illinois Supreme Court · 1929
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