Genet v. President of Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of Hew York, made January 7,1889, which reversed, in part, an order of Special Term “ on the ground that the court has no power to make the same.” The substance of the Special Term order and the facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court. (Tilton v. Beecher 59 N. Y. 176; E. L. Ins.
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Appeal from order of the General Term of the Superior Court of the city of Hew York, made January 7,1889, which reversed, in part, an order of Special Term “ on the ground that the court has no power to make the same.” The substance of the Special Term order and the facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court. (Tilton v. Beecher 59 N. Y. 176; E. L. Ins. Co. v. Stevens, 63 id. 341.) The court below had power to make the order reversed by the General Term. (Code Civ. Pro. §§ 217, 267; Daniel’s Ch. Pr. [4th ed.] 1467, 1468; Kerr…
1Opinion of the CourtAndrews, J.
The judgment in the action, as modified by the General Term, restrained the defendant from using the shaft, breaker and structures erected on the plaintiff’s lands in mining coal from lands of the defendant contiguous to the lands of the plaintiff, except under certain limitations specified, and also from depositing on the surface of the plaintiff’s land culm from coal mined from other lands than those of, the plaintiff. The judgment of the General Term, affirming the original judgment as modified, was rendered May 10, 1888. The defendant thereupon appealed from the judgment of affirmance to…
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