Kip v. . New York and Harlem R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department in favor of defendant, entered upon an order reversing an order of Special Term which overruled defendant’s demurrer to the complaint herein, and directing judgment upon the demurrer.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department in favor of defendant, entered upon an order reversing an order of Special Term which overruled defendant’s demurrer to the complaint herein, and directing judgment upon the demurrer. (Reported below, 6 Hun, 24.) This action was brought to restrain the defendant from further prosecuting proceedings commenced by it to condemn certain lands owned by plaintiffs in the city of New York, under the provisions of the general railroad act, as amended in 1869. (Chap. 237, Laws of 1869.) The original…
1Opinion of the Court
Church, Ch. J.
This action was brought to restrain the defendant from further prosecuting special proceedings instituted to condemn certain real estate in Hew York city. The plaintiffs had contested the proceedings upon the ground that there was no necessity for the appropriation of the land, but the litigation resulted in an order appointing commissioners, which was affirmed by this court. (46 N. Y., 546.) The original complaint in this action was based upon the allegation that a judgment was sought under the act of April 17, 1869, under which the proceedings were instituted, the effect of…
2Cited by27 opinions
- Colson v. PelgramNew York Court of Appeals · 1932
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Dolman v. United States Trust Co.New York Court of Appeals · 1956
- Matter of City of New York (Ely Avenue)New York Court of Appeals · 1916
- Cuglar v. Power AuthorityNew York Supreme Court · 1957
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