City of Buffalo v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 26, 1903, which denied a motion to amend a judgment of that court on appeal. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division has no power or authority to make the order it did make in this case. (Code Civ.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 26, 1903, which denied a motion to amend a judgment of that court on appeal. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division has no power or authority to make the order it did make in this case. (Code Civ. Pro. § 1317; Story v. N. Y. & H. R. R. R. Co., 6 N. Y. 85; Wolstenholme v. W. Mfg. Co., 64 N. Y. 272; Goodsell v. W. U. Tel. Co., 109 N. Y. 147; N. B. Underwriters v. Nat. Bank, 146 N. Y. 57; Altman…
1Opinion of the CourtVann, J.
This action was brought to procure a decree that a strip of land fronting on Buffalo river in the city of Buffalo, situated partly on the east and partly on the west side of Main street, is a public street and to require the defendant to remove certain obstructions therefrom. The action was in equity and while but one decree was entered it consisted of two adjudications testing on separate findings settling different issues, each relating to a distinct piece of real estate, and supported by evidence peculiar thereto. The first adjudication was that the parcel of land on the east side of Main…
2Cases cited7 opinions
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Gray v. Manhattan Railway Co.New York Court of Appeals · 1891
- Story v. . the New-York and Harlem Railroad Co.New York Court of Appeals · 1851
- Altman v. . HofellerNew York Court of Appeals · 1897
- Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830
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3Cited by19 opinions
- Gilbert v. Stanton Brewery, Inc.New York Court of Appeals · 1946
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1914
- Crawford v. Town of HamburgAppellate Division of the Supreme Court of the State of New York · 1963
- Bamberg v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1907
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