In re Simmons
Appellate Division of the Supreme Court of the State of New York
•Appeal by the claimant, James P. McGovern, from "part of an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 17th day of April, 1908, confirming the first separate report of the commissioners of appraisal for section Mo. 6 in the Ashokan reservoir, and also from part of the appraisal and report of the commissioners.
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•Appeal by the claimant, James P. McGovern, from "part of an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Ulster on the 17th day of April, 1908, confirming the first separate report of the commissioners of appraisal for section Mo. 6 in the Ashokan reservoir, and also from part of the appraisal and report of the commissioners. The opinion delivered at Special Term is reported in Matter of Simmons (58 Misc. Rep. 607).
1Opinion of the Court
Sewell, J.:
This proceeding was instituted under chapter 724 of the Laws of 1905, entitled “An act to provide for an additional supply of pure and wholesome water for the city of Mew York ; and for the acquisition of lands or interest therein, and for the construction of the necessary reservoirs, dams, aqueducts, filters and other appurtenances for that purpose; and for the appointment of a commission with the powers and duties necessary and proper to" attain these objects.” .
The act provides for the appointment of commissioners o'f appraisal, and section 12 thereof provides that it shall be…
2Cases cited6 opinions
- Moulton v. Newburyport Water Co.Massachusetts Supreme Judicial Court · 1884
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
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3Cited by41 opinions
- McGovern v. City of New YorkSupreme Court of the United States · 1913
- United States v. Boston, C. C. & N. Y. Canal Co.Court of Appeals for the First Circuit · 1921
- Brainerd v. StateNew York Court of Claims · 1911
- Hervey v. City of ProvidenceSupreme Court of Rhode Island · 1926
- In re County of WestchesterNew York Supreme Court · 1953
36 more not listed; retrieve them via the Exa API.