County of Westchester v. Trustees of the Leake & Watts Orphan House
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Trustees-of the Leake & Watts Orphan House in the City of New York, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of February, 1910, with notice of an intention to bring up for review three orders entered in said clerk’s office on the 15th day of February, 1905, the 17th day of March, 1908, and the 20tli day of May, 1909,…
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Appeal by the defendants, The Trustees-of the Leake & Watts Orphan House in the City of New York, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of February, 1910, with notice of an intention to bring up for review three orders entered in said clerk’s office on the 15th day of February, 1905, the 17th day of March, 1908, and the 20tli day of May, 1909, respectively, and an interlocutory judgment entered on the 11th day of June, 1908, and also (as stated in the notice of appeal)…
1Opinion of the Court
Thomas, J.:
The proceedings show error only in the order amending the decision and interlocutory judgment, whereby the easement was directed to be taken in a strip of land twelve feet, rather than one hundred feet, in width. Such amendment was beyond the power of the court. The proceedings were to acquire easements in certain of defendants’ land for the construction of a sewer in the county of Westchester, pursuant to chapter 646 of the Laws of 1905, as amended by chapter 747 of the Laws of 1907. Section 6 of the act of 1905 provides: “ In case commissioners to ascertain the compensation to be…
2Cited by2 opinions
- In re City of New yorkAppellate Division of the Supreme Court of the State of New York · 1911
- Westchester County v. Trustees of Leake & Watts Orphan HouseAppellate Division of the Supreme Court of the State of New York · 1911