City of Johnstown v. Wade
Appellate Division of the Supreme Court of the State of New York
Appeal .by the defendants, Mortimer Wade and others, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 15th day of November, 1897, relieving the plaintiff from a final order, entered in said clerk’s office on the 27th day of January, 1897, to the effect that, upon payment of $8,000,. purchase money, as' by said order directed, the plaintiff, The City of Johnstown, might enter into…
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Appeal .by the defendants, Mortimer Wade and others, from an order of the Supreme Court, made at the Fulton Special Term and entered in the office of the clerk of the county of Fulton on the 15th day of November, 1897, relieving the plaintiff from a final order, entered in said clerk’s office on the 27th day of January, 1897, to the effect that, upon payment of $8,000,. purchase money, as' by said order directed, the plaintiff, The City of Johnstown, might enter into possession of certain real property, and also allowing said city of Johnstown to abandon a proceeding to acquire the title to.…
1Opinion of the Court
Herrick, J.:. The order appealed from was made upon the ground that, where it is necessary, in order to open a street, that there should be a petition of the property owners fronting-upon such street, and that petition requests the opening of the street to a given point, and the city authorities proceed to open it for a shorter distance than is prayed for by the petitioners, the proceeding is not in accordance with the petition, and is, therefore, illegal. I agree that such proposition is correct; the question for us to determine is whether it is applicable to the facts in this ease.
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2Cases cited1 opinion
- Brooklyn Elevated Railroad v. NagelNew York Supreme Court · 1894
3Cited by1 opinion
- In re WilderAppellate Division of the Supreme Court of the State of New York · 1904