Schuchardt v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming adjudgment entered upon an assessment for damages by a jury under an order of the General Term reversing an order of Special Term sustaining demurrer to plaintiff’s complaint and directing judgment upon the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming adjudgment entered upon an assessment for damages by a jury under an order of the General Term reversing an order of Special Term sustaining demurrer to plaintiff’s complaint and directing judgment upon the complaint. (Reported below, 59 Barb., 298, and 62 Barb., 671.) This action was brought to recover the value of the materials of certain buildings alleged to belong to plaintiff and to have been converted by defendants. The complaint alleged, in substance, that in 1867 the plaintiff…
1Opinion of the CourtAndrews, J.
The act of 1813 “ to reduce several laws relating to the city of Yew York into one act” authorizes the mayor, aldermen and commonalty of the city to acquire by voluntary cession from the owners, or by compulsory proceedings, the fee of lands required for laying out, opening or widening streets in the city. The one hundred and seventy-eighth section declares that it shall be lawful for' the mayor, aldermen and commonalty to agree with the owners, lessees, parties or persons interested, for and about the cession of lands required for that purpose, and the compensation and recompense to be made…
2Cases cited1 opinion
- Embury v. . ConnerNew York Court of Appeals · 1850
3Cited by19 opinions
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- Matter of City of New York (Allen St.)New York Court of Appeals · 1931
- White v. Cincinnati, Richmond & Muncie RailroadIndiana Court of Appeals · 1904
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Warren Manufacturing Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1913
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