Nicholoy v. Village of Newark
New York Supreme Court
Applications, one by J. Herbert Nicholoy and the other by Carrie E. Beal, both against the Village of Newark, for appointment of commissioners to determine compensation to them as lot owners for change of street grade.
1Opinion of the CourtSawyer, J.
Respondent’s preliminary objection is overruled, and motion denied.
[1] Both the petition and the notice state facts showing that the work complained of was lawfully done by respondent. The allegation that such acts amounted to an appropriation of petitioners’ property without right, and were made wrongfully and without legal process or procedure, is at the utmost a conclusion of law, not warranted, but directly contradicted, by the facts alleged. Petitioners! contention that it was intended only thereby to allege that no proceedings for the appropriation of land under the condemnation acts…
2Cases cited7 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- Comesky v. . Village of SuffernNew York Court of Appeals · 1904
- In re GreerAppellate Division of the Supreme Court of the State of New York · 1899
- In re ComeskyAppellate Division of the Supreme Court of the State of New York · 1903
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