Legal Opinion

County of Orange v. Ellsworth

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

Decided November 15, 1904PublishedCited by 11 opinions

Appeal by the defendant, Edward Ellsworth, from an order of the County Court of Orange county, entered in the office of the clerk of the county of Orange on the 11th day of January, 1904, confirming the report of commissioners of appraisal appointed in a condemnation proceeding, with notice of an intention to bring up for review upon such appeal a judgment entered on the 29th day of August, 1903, appointing such commissioners of appraisal.

1Opinion of the Court

Woodward, J.:

Chapter 240 of the Laws of 1901, entitled “ An act supplementary to chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight, entitled 6 An act to provide for the improvement of public highways/ relative to securing the requisite right of way by the boards of supervisors of counties in which public highways are improved pursuant to said chapter,” is challenged upon this appeal as being in violation of the Constitutions of this State and of the United States. (U. S. Const. 5th amendt.; Id. 14th amendt. § 1; State Const, art. 1, §§ 1, 6.) This act provides…

2Cases cited11 opinions

  1. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
  2. Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
  3. Coxe v. . StateNew York Court of Appeals · 1895
  4. Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
  5. Reed v. . ChilsonNew York Court of Appeals · 1894

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3Cited by11 opinions

  1. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
  2. Dexter & Northern Railroad v. FosterNew York Supreme Court · 1909
  3. Iroquois Gas Corp. v. JurekAppellate Division of the Supreme Court of the State of New York · 1968
  4. Tropeano v. GrimaldiAppellate Division of the Supreme Court of the State of New York · 1916
  5. County of Orange v. Storm King Stone Co.Appellate Division of the Supreme Court of the State of New York · 1917

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