In Matter, Etc., Waverly Water-Works Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made November 27, 1878, reversing an order of Special Term. (Reported below, 16 Hun, 57.) ■The nature of the Special Term order and the material facts appear in the opinion. "When a party asks a.favor of a court, any reasonable terms may be imposed unless the discretion is regulated or limited by some statute. (In re Com’rs Wash.
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Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made November 27, 1878, reversing an order of Special Term. (Reported below, 16 Hun, 57.) ■The nature of the Special Term order and the material facts appear in the opinion. "When a party asks a.favor of a court, any reasonable terms may be imposed unless the discretion is regulated or limited by some statute. (In re Com’rs Wash. Park, 56 N. Y. 144; 2 N. Y. S. C. 637.) For the purpose of this appeal it may be assumed that this was a special proceeding, and that, if a final order of confirmation or…
1Opinion of the CourtEarl, J.
The Waverly Water Works Company instituted a proceeding under chapter 737 of the Laws of 1873, as supplemented by chapter 415 of the Laws of 1876, to acquire land from the appellant, the owner, for the purposes of the company. Commissioners were appointed by the Supreme Court to appraise the damages sustained by the owner, and after a hearing before them, they made their report appraising the damages at $7,200. After such report, and before the presentation thereof to the court for confirmation, the company made a motion to the court, upon notice to the owner, for leave to discontinue the…
2Cases cited1 opinion
- In the Matter of Comrs. Wash. ParkNew York Court of Appeals · 1874
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