Matter of Chaphe v. . State of New York
New York Court of Appeals
Appeal from order of the Board of Claims, made December 19, 1888, denying a motion for a rehearing of certain claims decided by the Board of Canal Appraisers. The facts are sufficiently stated in the opinion. The canal appraisers had power to grant a rehearing or a new trial. (Laws 1866, chap. 836.) The Board of Claims have jurisdiction and same powers as old Board of Canal Appraisers.
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Appeal from order of the Board of Claims, made December 19, 1888, denying a motion for a rehearing of certain claims decided by the Board of Canal Appraisers. The facts are sufficiently stated in the opinion. The canal appraisers had power to grant a rehearing or a new trial. (Laws 1866, chap. 836.) The Board of Claims have jurisdiction and same powers as old Board of Canal Appraisers. (Laws 1883, chap. 205, § 13.) The Board of Appraisers committed a material error in admitting the claim and award of 1862 for damages to property on the north side of the creek, and in deciding that that award…
1Opinion of the CourtEarl, J.
On the 2d day of September, 1814, Chaphe, the appellant, filed with the canal appraisers two separate claims, against the state for damages. The claims were heard by the canal appraisers, and on the 30th day of November, 1815,, they were both disallowed by awards of nothing. No appeals, were ever taken from those awards, but, in 1888, Chaphe procured the passage of an act of the legislature (Chap. 519) as follows:
“ Within ninety days after the passage of this act an application may be made to the Board of Claims, or any other court or body having jurisdiction thereof, for a rehearing or new…
2Cited by1 opinion
- Ray v. New York Bay Extension RailroadNew York Court of Appeals · 1898