Binghamton Opera House Co. v. City of Binghamton
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered August Y, 1895, affirming a judgment in favor of defendant entered upon a decision of the court dismissing plaintiffs complaint upon the merits, on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered August Y, 1895, affirming a judgment in favor of defendant entered upon a decision of the court dismissing plaintiffs complaint upon the merits, on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. Certain findings should be' stricken from the case under the terms of the stipulation made. (L. 1888, ch. 214, tit. Y, § 10, p. 350; Leonard v. Spencer, 108 N. Y. 338.) The deposit of the Patterson award…
1Per curiam
The plaintiff’s action was in ejectment to recover the possession of certain premises described in the complaint, which the defendant had caused to be taken for street purposes under condemnation proceedings. Those proceedings are attacked as having been illegally conducted, and the claim is that the city gained no rights thereby to the lands affected.
The difficulty in the way of maintaining this action consists in certain facts which were found by the trial court. It appears that, after the award had been made for the property in the condemnation proceedings, the award was claimed by the…
2Cases cited1 opinion
- Patterson v. . City of BinghamtonNew York Court of Appeals · 1897
3Cited by1 opinion
- Pauchogue Land Corp. v. Long Island State Park CommissionNew York Supreme Court · 1925