Lent v. New York & Massachusetts Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court hi the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment of the Special Term entered upon an order overruling a demurrer to the complaint. This action was brought upon an award of commissioners of appraisal, appointed on application of defendant to appraise lands of John B. Lent, to be taken by defendant for railroad purposes.
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Appeal from judgment of the General Term of the Supreme Court hi the second judicial department, entered upon an order made December 9, 1889, which affirmed a judgment of the Special Term entered upon an order overruling a demurrer to the complaint. This action was brought upon an award of commissioners of appraisal, appointed on application of defendant to appraise lands of John B. Lent, to be taken by defendant for railroad purposes. The complaint alleges the incorporation of the defendant. The presentation to the Supreme Court pursuant to the statute of this state of a petition by said…
1Opinion of the CourtBrown, J.
It is provided by section seventeen of the General Bailroad Act in reference to the taking of land for railroad purposes that upon the report of the commissioners of appraisal being made, the railroad company shall give notice to the parties to be affected by the proceeding for the confirmation of such report and the court shall thereupon confirm the same and make an order containing a recital of the substance of the proceedings, a description of the real estate, and a direction to whom the money shall be paid, or in what bank and in what manner it shall be deposited.
Prior to 1876 it was…
2Cases cited5 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Allen v. . PattersonNew York Court of Appeals · 1852
- Keteltas v. . MyersNew York Court of Appeals · 1859
- Van Giesen v. . Van GiesenNew York Court of Appeals · 1852
- Matter of Rhinebeck Connecticut R.R. Co.New York Court of Appeals · 1876
3Cited by70 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- L. B. Menefee Lumber Co. v. MacDonaldOregon Supreme Court · 1927
- Pollak v. WinterSupreme Court of Alabama · 1910
- Dickinson v. TysenAppellate Division of the Supreme Court of the State of New York · 1908
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