Legal Opinion

Niagara County Irrigation & Water Supply Co. v. College Heights Land Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 7, 1906PublishedCited by 3 opinions

Afpbal by the defendants, College Heights Land Company of Niagara Falls and another, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 24th day of October, 1904.

1Opinion of the Court

Williams, J.:

The order should be affirmed, with costs.

The order was made on presentation of a petition by plaintiff asking to condemn certain real property .of the ■ defendants for the construction and maintenance of its works. The defendants filed *771objections and moved to dismiss the petition. The court, by the order, overruled the objections, denied the motion to dismiss, directed the service of the answers to the petition, and’ ordered the issues raised by the petition and answers to be tried at the equity term of the court.

While four objections were made to the petition, it seems that only…

2Cases cited2 opinions

  1. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
  2. Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894

3Cited by3 opinions

  1. Town of North Elba v. GrimditchAppellate Division of the Supreme Court of the State of New York · 2012
  2. Watervliet Hydraulic Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1917
  3. Town of North Elba v. GrimditchAppellate Division of the Supreme Court of the State of New York · 2012

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