Bley v. Village of Hamburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, Charles F. Bley, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th day of October, 1902,-amending a bill of costs theretofore taxed by the clerk in favor of the petitioner, as reduces the same by striking therefrom the sum of- eighty dollars.
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Appeal by the petitioner, Charles F. Bley, from so much of an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 28th day of October, 1902,-amending a bill of costs theretofore taxed by the clerk in favor of the petitioner, as reduces the same by striking therefrom the sum of- eighty dollars. The proceeding was instituted under" section 159 of the Village Law (Laws of 1897, chap. 414, asamd. by Laws of 1901, chap. 68), to recover damages alleged to have been sustained by the plaintiff on account of the change of grade…
1Opinion of the Court
McLennan, J,:
The proceeding was commenced by the service of a petition by the plaintiff, asking for the appointment of commissioners to ascertain the compensation to be paid to the petitioner. The defendant made objections in writing to the form and sufficiency of the petition and to the jurisdiction of the court. An order was then made temporarily overruling said objections and permitting the defendant to file and serve its answer; which .it did. The issues raised by the answer were referred to a referee to take the allegations and proofs of the parties, and to report the same to the court…
2Cases cited1 opinion
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
3Cited by2 opinions
- In re HaringAppellate Division of the Supreme Court of the State of New York · 1910
- In re HaringAppellate Division of the Supreme Court of the State of New York · 1910