Matter of Application of Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal, by J. Watts De Peyster, from order of the General Term of the Supreme Court in the first judicial district, affirming order of Special Term, setting aside an order confirming the report of commissioners of estimate and assessment, in proceedings under chap. 890, Laws of 1869, and appointing new commissioners. The facts sufficiently appear in the opinion. (Reported below 42 How. Pr.
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Appeal, by J. Watts De Peyster, from order of the General Term of the Supreme Court in the first judicial district, affirming order of Special Term, setting aside an order confirming the report of commissioners of estimate and assessment, in proceedings under chap. 890, Laws of 1869, and appointing new commissioners. The facts sufficiently appear in the opinion. (Reported below 42 How. Pr. R., 220.) The order of December 28, 1871, was not appealable, but, on its entry, became “final and conclusive.” (Bowery Ex. Case, 2 Abb., 270, 369; 29 How., 180; 1 Abb., 460; 16 How., 353; N. Y. C. R. R.…
1Opinion of the CourtPeckham, J.
In May, 1869, a law was passed authorizing the widening and straightening of Broadway, in the city of Hew York, between Thirty-fourth and Fifty-ninth streets, .and the widening thereof between Thirty-second and Thirty-fifth streets, and between Forty-second and Forty-seventh streets. It directed the making and filing of certain maps, etc., of said proposed improvements, and then required the corporation, for and in behalf of the city and for public use, .to acquire title to the lands required therefor, pursuant to the statutes on that subject, and, for that purpose, to apply to the court for…
2Cases cited1 opinion
- Matter of Canal and Walker StreetsNew York Court of Appeals · 1855
3Cited by23 opinions
- Matter of City of SyracuseNew York Court of Appeals · 1918
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- In the Matter, Etc., of P.P. C.I.R.R. Co.New York Court of Appeals · 1881
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- Pittsburgh, Ft. Wayne & Chicago Railway Co. v. GillespieIndiana Supreme Court · 1902
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