Schneider v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matilda Schneider, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 5th day of Janaary, 1900, denying her motion for an additional allowance of costs. The motion was denied solely upon the ground that the court-lacked the power to award an additional allowance of costs, as a money value could not be placed upon the subject-matter involved.
1Opinion of the Court
Spring, J.:
The plaintiff owned a tract of land in the city of Rochester which the municipality desired to condemn for a street. Commissioners were duly selected and presented their report to the common council awarding to her damages in the sum of $40,000. The statute requires that that body shall then “ assign a time for hearing objections to the confirmation thereof, and at the time assigned shall hear the allegations of all persons interested, and may take proof in relation thereto from time to time, and shall confirm the said report, or may set the same aside and refer the matter to the…
2Cases cited3 opinions
- Schneider v. . City of RochesterNew York Court of Appeals · 1899
- People Ex Rel. Winans v. . AdamsNew York Court of Appeals · 1891
- Husted v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1899