In Re Taking a Right & Easement in Certain Property for the Construction of a Sewer
New York Court of Appeals
Appeal by William F. Lawrence, as land-owner, from an •order of the General Term of the Supreme Court in the second judicial department, made May 16,1889, which affirmed an order of Special Term, confirming a report of commissioners appointed in this proceeding to condemn property, awarding to the land-owner $175. Upon this appeal the appellant, having so stated in his notice of appeal, sought to review certain prior orders of the Supreme Court at Special and General Terms,…
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Appeal by William F. Lawrence, as land-owner, from an •order of the General Term of the Supreme Court in the second judicial department, made May 16,1889, which affirmed an order of Special Term, confirming a report of commissioners appointed in this proceeding to condemn property, awarding to the land-owner $175. Upon this appeal the appellant, having so stated in his notice of appeal, sought to review certain prior orders of the Supreme Court at Special and General Terms, refusing to confirm a former report of the' same commissioners and sending the case back to them for further proceedings…
1Opinion of the CourtPeckham, J.
These proceedings are entirely inappropriate for the purpose of trying the question of title to the property ■in controversy, or for testing the right of the city to an easement in the land for the purpose of building the sewer referred to herein. The city authorities have sssumed, from the commencement, so far as the record shows, that the appellant was the owner of the land in question, and that it was the intention of the city, through these proceedings, to take from him a right or easement in the land for the purpose of ■the construction, maintenance and repair of this sewer. That was the…
2Cases cited4 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- People v. LambierNew York Supreme Court · 1847
- Warren v. City of Grand HavenMichigan Supreme Court · 1874
- Kelsey v. KingNew York Supreme Court · 1860
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- City of Geneva v. . HensonNew York Court of Appeals · 1909
- Ketchum Coal Co. v. District Court of Carbon CountyUtah Supreme Court · 1916
- Southern Ry. Co. v. JenningsTennessee Supreme Court · 1914
- City of Oswego v. Montcalm Dock Co.Appellate Division of the Supreme Court of the State of New York · 1935
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