In re Commissioners of Central Park
New York Supreme Court
APPEAL, by John S. Sutphen, from several orders, or judgments, made in this matter at special term, by the Hon. George G. Barnard, Justice, and dated respectively on the 11th day of July, 1871, on the 19th day of July, 1871, and on the 21st day of July, 1871, and from each of said three judgments, or orders severally, and from each, and every part of each, of said several judgments, or orders, by which order, dated the 11th day of July, 1871, the report of the commissioners…
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APPEAL, by John S. Sutphen, from several orders, or judgments, made in this matter at special term, by the Hon. George G. Barnard, Justice, and dated respectively on the 11th day of July, 1871, on the 19th day of July, 1871, and on the 21st day of July, 1871, and from each of said three judgments, or orders severally, and from each, and every part of each, of said several judgments, or orders, by which order, dated the 11th day of July, 1871, the report of the commissioners herein was confirmed, with certain exceptions, and as to those exceptions sent back to be corrected, by awarding certain…
1Opinion of the CourtIngraham, P. J.
This is an appeal from an order of the . special term confirming the report of the commissioners of estimate and assessment. An objection is takpn that such a proceeding, when confirmed by a special term, is final, and that no appeal will lie to the general term. There have been such decisions made by former general terms. In the Bowery Extension case, (2 Abb. 368,) it was held that an appeal would not lie to the general term, although the judge admitted the language of the act of 1854 to be broad enough to cover the case of a special proceeding; because the statute made the order of…
2Cases cited1 opinion
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
3Cited by4 opinions
- Syracuse Sav. Bk. v. . S., C. N.Y.R.R. Co.New York Court of Appeals · 1882
- Syracuse Savings Bank v. Syracuse, Chenango & New York RailroadNew York Court of Appeals · 1882
- In re the Kingsbridge RoadNew York Supreme Court · 1875
- Lounsbury v. PotterThe Superior Court of New York City · 1874