Board of Water Com. of Cohoes v. . Lansing
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the Third judicial district, confirming the report of the appraisers in proceedings taken by the respondents, the board of water commissioners of the village of Cohoes, to obtain the land of the appellant for the purpose of enlarging the water-works of the village of Cohoes, pursuant to chapter 177 of the Laws of 1856, as amended by chapter 744 of the Laws of 1868. This statute authorized the Supreme…
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Appeal from an order of the late General Term of the Supreme Court in the Third judicial district, confirming the report of the appraisers in proceedings taken by the respondents, the board of water commissioners of the village of Cohoes, to obtain the land of the appellant for the purpose of enlarging the water-works of the village of Cohoes, pursuant to chapter 177 of the Laws of 1856, as amended by chapter 744 of the Laws of 1868. This statute authorized the Supreme Court, on application, in case of disagreement between the water commissioners and the owner of any property, which may be…
1Opinion of the CourtRapallo, J.
The affidavit of Ireland, although not positive, in some of its statements, is sufficient, in the absence of any contradictory evidence, to show that he was not present when the decision of the two appraisers, who made the report was arrived at, or when the report was signed.
The unsworn certificate of the proceedings of the appraisers, and the statements of fact contained in their report, were not entitled to be considered as evidence upon that point.
The act of 1856 does not direct or authorize the making of any such certificate, nor is any authority given by the act to the appraisers to…
2Cited by12 opinions
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Saranac Land and Timber Co. v. . RobertsNew York Court of Appeals · 1913
- In re Broadway WideningNew York Supreme Court · 1872
- In re Estate of BellesheimNew York Surrogate's Court · 1888
- People v. Hoats, New York County Courts1980
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