In re New York & Brooklyn Bridge
New York Supreme Court
Appeal from special term, Kings county. Petition by the trustees of the Hew York & Brooklyn Bridge to acquire title to land. From an order directing the entire sum awarded to be paid to the owner of the land his wife, Jessie Leary, appeals. Reversed.
1Opinion of the CourtDykmah, J.
This is a proceeding for the acquisition of real property by the exercise of the right of eminent domain. The fee of the property was in Thomas J. Leary, and his wife, Jessie Leary, was made a party to the proceeding. A judgment entered *598upon default was opened on the application of the wife, on the ground that she had not been served with notice, and the judgment was modified so as to provide that one-third of the compensation for the property, after the payment of liens, should be paid into court to abide further order. That judgment has been acquiesced in without appeal, and its provisions…
2Cases cited5 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Moore v. . the Mayor, Aldermen, C., of New YorkNew York Court of Appeals · 1853
- Jackson v. EdwardsNew York Court of Chancery · 1839
- Garlick v. StrongNew York Court of Chancery · 1831
3Cited by12 opinions
- Flynn v. FlynnMassachusetts Supreme Judicial Court · 1898
- Matter of City of New York (Cropsey Ave.)New York Court of Appeals · 1935
- United States v. Certain LandsCourt of Appeals for the Second Circuit · 1942
- In re the Estate of LevyNew York Surrogate's Court · 1938
- Trustees of New York & B. Bridge v. LearyNew York Supreme Court · 1895
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