In re New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, dismissing an appeal from order of Special Term appointing- commissioners of appraisal under the general railroad act. The lands sought to be acquired by the company were situated in the county of Cayuga.
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Appeal from an order of the General Term of the Supreme Court in the fourth judicial department, dismissing an appeal from order of Special Term appointing- commissioners of appraisal under the general railroad act. The lands sought to be acquired by the company were situated in the county of Cayuga. The motion for the appointment of commissioners was made at the Monroe Special Term, and was there granted by an order dated October 30, 1873. The appeal from this order to the General Term was taken by the land owner on the 14th of May, 1874. The notice of appeal describes the order appealed…
1Opinion of the CourtRapallo, J.
The notice of appeal, stating that the order was entered on the 11th of November, 1873, and the respondent having moved upon such notice without controverting its correctness in respect to the date of the entry of the order, that fact must be regarded as conceded. And further, the date of the entry, although stated and relied upon in the appellant’s points, was not controverted on the argument.
As the case stands before us, and as it stood before the General Term, the only notice given of the order, to limit *115the time for appealing, was served before the entry of the order. It is very clear…
2Cases cited5 opinions
- Howard v. IngersollSupreme Court of the United States · 1852
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Fry v. BennettThe Superior Court of New York City · 1858
- Valton v. National Loan Fund Life Assurance SocietyNew York Supreme Court · 1859
- Gallt v. FinchNew York Supreme Court · 1862
3Cited by1 opinion
- Marine Bank of N.Y. v. . ClementsNew York Court of Appeals · 1865