In re Borup
Appellate Division of the Supreme Court of the State of New York
Appeal by the Town of Eastchester and another from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 12th day of November, 1904, appointing commissioners to assess damages to the property of John Borup, resulting from a change of grade of Jefferson place, in the town of Eastchester, N. Y.
1Opinion of the Court
Willard Bartlett, J.:
This is the second appeal in this matter. On the previous appeal we reversed an order appointing commissioners, upon the ground that before such an order could be made the issues raised by the amended answer of the town of Eastchester must be tried and determined. (Matter of Borup, 89 App. Div. 183.) Such issues have now been adjudicated, and the appellants attack the order made upon the determination thereof as based upon unconstitutional legislation and invalid in other respects.
We think that the constitutional objections are sufficiently answered in the opinion written…
2Cases cited4 opinions
- People Ex Rel. Waddy v. . PartridgeNew York Court of Appeals · 1902
- Matter of AndersenNew York Court of Appeals · 1904
- In re BorupAppellate Division of the Supreme Court of the State of New York · 1903
- In re ComeskyAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Nervo v. MealeyNew York Supreme Court · 1940