People ex rel. Armstrong v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from the decisions and proceedings of the Special Term, in proceedings by the New York Central and Hudson River Railroad Company, to acquire the lands of the relator, and from an order denying appellant’s motion for a writ of assistance.
1Opinion of the Court
Mullin, P. J.:
The only question presented by this appeal, is, whether this court has power to make an order that the railroad company, having procured the lands in question to be appraised, and the appraisal confirmed, in conformity to the general railroad act, be put into possession of the lands so appraised.
Prior to 1854, the power of the court to put the company into possession, was doubted. The legislature, at its session in that year, passed an act,* by the fifth section of which, it is provided as follows, viz.: “In all cases of appraisal under this act and the act hereby amended, where…
2Cases cited1 opinion
- Niagara Falls & Lake Ontario Railroad v. HotchkissNew York Supreme Court · 1853