Erie Railroad v. Steward
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, the Erie Railroad Company, to dismiss, on the ground of lack of jurisdiction, an appeal taken by the defendants from a judgment condemning certain lands and appointing commissioners to ascertain the compensation to be made' to the owner; also a motion to dismiss such appeal for a failure to serve the papers as required by the rules of the court.
1Opinion of the Court
Sewell, J.:
This proceeding was instituted by the respondent under the Condemnation Law (Code Civ. Proc. chap. 23, tit. 1, §§ 3357-3384). The issue joined was tried at' a Special Term, the usual judgment was entered, and from that judgment the defendants appealed.
It is a special proceeding and not an action. (Matter of South Market Street, 80 Hun, 246; Matter of Rafferty, 14 App. Div. 55.) Special provision is made by this statute for the trial of the issues raised by the petition and answers, for a decision, judgment and final order, and for appeals therefrom. The whole proceeding forms an…
2Cases cited11 opinions
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- Matter of Murray Hill BankNew York Court of Appeals · 1897
- Hooper v. . BeecherNew York Court of Appeals · 1888
- Brooklyn El. Railroad v. LewisNew York Supreme Court · 1895
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
- Village of St. Johnsville v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
- Champlain & Sanford Railroad v. OstranderAppellate Division of the Supreme Court of the State of New York · 1912
- Manhattan Railway Co. v. StuyvesantAppellate Division of the Supreme Court of the State of New York · 1908
- County of Orange v. Storm King Stone Co.Appellate Division of the Supreme Court of the State of New York · 1917
5 more not listed; retrieve them via the Exa API.