Claim of Clark v. Water Commissioners of Amsterdam
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the third judicial department, made December 6, 1893, which reversed an order of the Special Term modifying and confirming as modified an. award of commissioners of' appraisal.
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Appeal from order of the General Term of the Supreme-Court in the third judicial department, made December 6, 1893, which reversed an order of the Special Term modifying and confirming as modified an. award of commissioners of' appraisal. For the purpose of enabling the village of Amsterdam to-provide the citizens thereof with a supply of water the legislature passed an act (Chap. 101 of the Laws of 1881) giving-power to the water commissioners, therein provided for, to obtain by condemnation the necessary lands, tenements, rights, and property. That act was amended by chap. 197 of the. Laws…
1Opinion of the CourtPeckham, J.
We think the General Term erred in holding that the Statute of Limitations constituted any bar to this proceeding. It is objected to a recovery that the proceeding is one to recover upon a liability created by statute, and that it is also one to recover damages for an injury to property. The claim is made under subdivisions 2 and 3 of section 382 of the Code of Civil Procedure, by which the petitioner’s ■cause of action, if of the nature above described, would be barred after six years had elapsed from the time the proceeding might have been commenced. It will be seen that the 2nd and 3rd…
2Cited by24 opinions
- Edgar Pauk v. The Board of Trustees of the City University of New YorkCourt of Appeals for the Second Circuit · 1981
- Crescent Wharf & Warehouse Co. v. City of Los AngelesCalifornia Supreme Court · 1929
- De Malherbe v. International Union of Elevator ConstructorsDistrict Court, N.D. California · 1978
- Kuhl v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1898
- Elliott v. Kansas CitySupreme Court of Missouri · 1906
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