Village of St. Johnsville v. Cronk
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Montgomery county. Proceeding by the village of St. Johnsville against Charles Cronk, impleaded with others. From an order modifying the clerk’s taxation of costs, defendant appeals. A petition was presented to the special term of the supreme court by the-village of St. Johnsville, in 1899, for the condemnation of certain real estate for public use. No answer was served. No reference was ordered. Commissioners were appointed to assess damages.
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Appeal from special term, Montgomery county. Proceeding by the village of St. Johnsville against Charles Cronk, impleaded with others. From an order modifying the clerk’s taxation of costs, defendant appeals. A petition was presented to the special term of the supreme court by the-village of St. Johnsville, in 1899, for the condemnation of certain real estate for public use. No answer was served. No reference was ordered. Commissioners were appointed to assess damages. No offer of any sum was made by the petitioner. Such further proceedings were had to a conclusion that defendant Charles…
1Dissent
KELLOGG, J. (dissenting).
I think the order appealed from should be reversed, and the items of costs, viz. a trial fee, $30, and $10 for a trial occupying inore than two days, should be allowed the defendant. This seems to me the only conclusion the plain reading of that portion of the Code of Civil Procedure which governs (section 3372) points' to. This section reads:
“In all cases * * * the plaintiff before service of his petition may make a written offer to purchase the property at a specified price. * * * The owner may, at the time of the presentation of the petition, or .at any time…
2Cases cited5 opinions
- Manhattan Ry. Co. v. KentNew York Supreme Court · 1894
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- City of Johnstown v. FrederickAppellate Division of the Supreme Court of the State of New York · 1898
- Hornellsville Electric Railway Co. v. New York, L. E. & W. RailroadNew York Supreme Court · 1894
- In re DeanNew York Supreme Court · 1894