People ex rel. Fitch v. Lord
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 28th day of October, 1897, directed to Daniel Lord and others, commissioners, etc., commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings in regard to an award made to the claimants by the said respondents as commissioners of the Change of Grade Damage Commission.
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Certiorari issued out of the Supreme Court and attested on the 28th day of October, 1897, directed to Daniel Lord and others, commissioners, etc., commanding them to certify and return to the office of the clerk of the county of Hew York all and singular their proceedings in regard to an award made to the claimants by the said respondents as commissioners of the Change of Grade Damage Commission. Chapter 537 of the Laws of 1893 provides : “Section 1. All persons owning lands, tenements or hereditaments * * * who have sustained damages by reason of a change of grade of any street or avenue * *…
1Opinion of the Court
O’Brien, J.:
The appellant insists that the claim was filed by, and the award made to, the wrong parties. It is certain that the claim as filed did not conform to the act, because the claimants Henry Zubiller and Louis Schaefer must be regarded legally as strangers to the title. They were administrators with the will annexed of the original owner, executors of the will of the life tenant, and guardians, under the will of the mother, of the infant children remaining. But in neither of these capacities did they take any title to or become owners of the property.
It is admitted by the return that…
2Cases cited3 opinions
- People Ex Rel. Purdy v. . FitchNew York Court of Appeals · 1895
- People Ex Rel. Brisbane v. ZollNew York Court of Appeals · 1884
- People ex rel. Fitch v. LordAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- People ex rel. Grout v. StillingsAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Grout v. StillingsAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. Coler v. LordAppellate Division of the Supreme Court of the State of New York · 1898