In re Broadway Widening
New York Supreme Court
mHIS was an appeal, by Robert J. Livingston, from an JL order of Judge Gilbert, confirming the report of the commissioners appointed to widen Broadway from 34th to 59th streets, in the city of Hew York, under tbe act of the legislature of February 27, 1871. (Laws of 1871, chap. 57.) The notices required by law, the abstract of the report, and the final report were all made and given by two of the commissioners.
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mHIS was an appeal, by Robert J. Livingston, from an JL order of Judge Gilbert, confirming the report of the commissioners appointed to widen Broadway from 34th to 59th streets, in the city of Hew York, under tbe act of the legislature of February 27, 1871. (Laws of 1871, chap. 57.) The notices required by law, the abstract of the report, and the final report were all made and given by two of the commissioners. The third commissioner refused to act with his colleagues, from an early period of their work. He presented a minority report, in which he stated that the majority report was made…
1Opinion of the Court
By the Court, Learned, J.
The general term, before which this matter came, was composed of one of the justices assigned to the general term in the first department and two justices from another district. The two other justices assigned to the general term in the first department were, by reason of interest, incapable of sitting on the appeal. The appellant objected that under section 10, chapter 408, laws of 1870, the appeal must be sent to some other department.
First, In construing such a statute, its general meaning is to be considered. The object of the legislature was to provide a court…
2Cases cited4 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
- In re the Extension of Church StreetNew York Supreme Court · 1867
- Board of Water Com. of Cohoes v. . LansingNew York Court of Appeals · 1871
3Cited by13 opinions
- In re Opening Brook AvenueAppellate Division of the Supreme Court of the State of New York · 1896
- Fallon v. HattemerAppellate Division of the Supreme Court of the State of New York · 1930
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- Horse Creek Conservation District v. Lincoln Land Co.Wyoming Supreme Court · 1936
- People ex rel. Lewis v. GravesAppellate Division of the Supreme Court of the State of New York · 1927
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