In re the Town of Guilford
Appellate Division of the Supreme Court of the State of New York
Appeal by George Bradbury and another from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chenango on the 23d day of January, 1903, setting aside the report of commissioners appointed in condemnation proceedings and ordering a rehearing before the same commissioners, unless the defendants, appellants, stipulate to reduce the award made herein to the sum of $350, on the ground that the award was excessive.
1Opinion of the Court
Houghton, J.:
The defendants against whom these condemnation proceedings were prosecuted moved at Special Term for an order confirming the report of the commissioners in their favor.
On the coming on of the motion there were presented to the court on behalf of the town, and allowed to be read against the objection of the defendants, twenty odd affidavits expressing opinions that the award was excessive, and giving the estimates of the affiants as to what the award ought to have been. The Special Term ordered that the report of the commissioners be set aside and a rehearing had before the same…
2Cases cited3 opinions
- City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899
- In re Application of Terminal RailwayAppellate Division of the Supreme Court of the State of New York · 1897
- In re Central New York Telephone & Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
- In re HuieNew York Court of Appeals · 1956
- In re WillcoxAppellate Division of the Supreme Court of the State of New York · 1914
- United States v. Village of Highland FallsCourt of Appeals for the Second Circuit · 1946
- New York Central & Hudson River Railroad v. NewboldAppellate Division of the Supreme Court of the State of New York · 1915
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