Legal Opinion

In re Village of Le Roy

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 1 opinion

Appeal by the Le Roy Gas Light Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Genesee on the 20th day of May, 1898, setting aside, annulling and declaring void an order or judgment granted on the 18th day of November, 1897, at the Erie Special Term, entitled “ In the Matter of the Proceedings of the ■ Village of Le Roy to acquire land and property of the Le Roy Gaslight Company by…

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Appeal by the Le Roy Gas Light Company from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Genesee on the 20th day of May, 1898, setting aside, annulling and declaring void an order or judgment granted on the 18th day of November, 1897, at the Erie Special Term, entitled “ In the Matter of the Proceedings of the ■ Village of Le Roy to acquire land and property of the Le Roy Gaslight Company by condemnation,” and all proceedings upon which the same was based, except from that portion thereof relating to the terms and…

1Opinion of the Court

Hardin, P. J.:

The order brought here for review set aside proceedings instituted by the respondent under chapter 680 of the Laws of 1894, which was in force in June, 1897, when the proceedings were commenced, although that chapter was repealed by chapter 414 of the Laws of 1897, which took effect July 1, 1897. Notwithstanding the repeal, the proceedings might be continued (if properly brought) to a final determination in virtue of section 31 of chapter 677 of the Laws of 1892. That section provides that “ all actions and • proceedings, civil or criminal, commenced under or by virtue of any…

2Cases cited3 opinions

  1. Hatch v. . Central National BankNew York Court of Appeals · 1879
  2. In re TaylorAppellate Division of the Supreme Court of the State of New York · 1896
  3. Matter of TaylorNew York Court of Appeals · 1896

3Cited by1 opinion

  1. In re the Transfer Tax upon the Estate of WrightAppellate Division of the Supreme Court of the State of New York · 1914

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