City of Geneva v. . Henson
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1907, affirming a judgment in favor of defendants entered upon the report of a referee. The appellant instituted condemnation proceedings under a statute hereinafter to be referred to for the purpose of acquiring title to the premises involved in this proceeding for use as a public park.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 25, 1907, affirming a judgment in favor of defendants entered upon the report of a referee. The appellant instituted condemnation proceedings under a statute hereinafter to be referred to for the purpose of acquiring title to the premises involved in this proceeding for use as a public park. By its petition, amongst other things, it alleged that it was the owner in fee of the premises in question and that the respondent Henson had certain easements. The latter by his answer…
1Opinion of the CourtHisoook, J.
These proceedings were instituted under the provisions of the Code of Civil Procedure for the condemnation of certain premises for a public park and the parties seem to have assumed that the dispute which has ai-isen upon the pleadings as to the title to the premises sought to be condemned was one of the issues to be tried under the provisions of section 3367 of the Code before the matter was sent to commissioners for the purpose of appraising damages. Said section provides that “ The court shall try any issue raised by the petition and answer at such time and place as it may direct, or it…
2Cases cited17 opinions
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Rogers v. JonesNew York Supreme Court · 1828
- Trustees of Brookhaven v. . StrongNew York Court of Appeals · 1875
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Wood v. JamesSupreme Court of Vermont · 1918
- Ketchum Coal Co. v. District Court of Carbon CountyUtah Supreme Court · 1916
- Southern Ry. Co. v. JenningsTennessee Supreme Court · 1914
- Granger v. City of CanandaiguaNew York Court of Appeals · 1931
22 more not listed; retrieve them via the Exa API.