Legal Opinion

People ex rel. Belmont v. Leonard

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

Decided July 1, 1903PublishedCited by 4 opinions

Certiorari issued out of the Supreme Court and attested on the 13th day of December, 1902, directed to William D. Leonard, chairman, and others, commissioners, appointed under and by virtue of chapter 537 of the Laws of 1893, and continuing to act under the amendments to said act, commanding the said commissioners to certify and return to the office of the clerk of the county of New York all and singular their proceedings had upon the claim of the relators, together with…

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Certiorari issued out of the Supreme Court and attested on the 13th day of December, 1902, directed to William D. Leonard, chairman, and others, commissioners, appointed under and by virtue of chapter 537 of the Laws of 1893, and continuing to act under the amendments to said act, commanding the said commissioners to certify and return to the office of the clerk of the county of New York all and singular their proceedings had upon the claim of the relators, together with their several appointments as commissioners.

1Opinion of the Court

O’Brien, J.:

The relators are the owners of property in the twenty-third and twenty-fourth wards, New York city, and claim to be entitled under chapter 537 of the Laws of 1893, as amended by chapter 567 of the Laws of 1894, to receive compensation for damages thereto caused by changes of grade of the streets in that locality with respect to the tracks of the Harlem railroad made by virtue of chapter 721 of the Laws of 1887, and other statutory enactments. They filed their claim with the commissioners appointed under the statutes ; but the commissioners entered in the comptroller’s office an…

2Cases cited4 opinions

  1. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  2. People Ex Rel. Chase v. . WempleNew York Court of Appeals · 1895
  3. Stephens v. . SanteeNew York Court of Appeals · 1872
  4. People ex rel. Luckings v. Board of Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by4 opinions

  1. People Ex Rel. P.S.I. Transp. Co. v. P.S. Comm.New York Court of Appeals · 1933
  2. People ex rel. Public Service Interstate Transportation Co. v. Public Service CommissionNew York Court of Appeals · 1933
  3. In re VarianAppellate Division of the Supreme Court of the State of New York · 1912
  4. People ex rel. Steeves v. LeonardAppellate Division of the Supreme Court of the State of New York · 1903

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