Legal Opinion

Canal Bank v. Mayor of Albany

New York Supreme Court

Decided October 15, 1832PublishedCited by 12 opinions

Certiobarx to the mayor’s court of Albany, to remove proceedings had for the widening of State street. In January, 1832, proceedings were instituted for the widening of State sZreef,between North Market and Quay streets, by virtue of the acts of the legislature relating to the city of Albany.

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Certiobarx to the mayor’s court of Albany, to remove proceedings had for the widening of State street. In January, 1832, proceedings were instituted for the widening of State sZreef,between North Market and Quay streets, by virtue of the acts of the legislature relating to the city of Albany. A jury were summoned, returned and empannelled, who, on the 3d April, brought an inquisition into court, describing the ground and appurtenances required for the purpose of the contemplated improvement, a valuation of the damage and recompense to which the owners whose property was intended to be taken…

1Opinion of the Court

By the Court,

Nelson, J.

As early as 1787, an act was passed providing compensation to the owners of land in the city and county of New-York, which was taken for public roads or streets, and a mode prescribed of ascertaining the same. 1 Laws of N. Y. Greenleaf’s ed. 417, 441. The mode of estimating the damage and recompense to which the owners were entitled, by that act prescribed, was continued in the city of New-York until the act of 1807. The act of 1787, was made applicable to the city of Albany, 7th March, 1792, 2 Laws of N. Y. Greenl. ed. 399, and has continued, I believe, in force in…

2Cases cited2 opinions

  1. People v. Columbia Common PleasNew York Supreme Court · 1828
  2. Smith v. CheethamNew York Supreme Court · 1805

3Cited by12 opinions

  1. People ex rel. NunnsAppellate Division of the Supreme Court of the State of New York · 1919
  2. People v. Mayor of BrooklynNew York Supreme Court · 1849
  3. Oelbermann v. MerrittSupreme Court of the United States · 1887
  4. Jordan v. HyattNew York Supreme Court · 1848
  5. Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839

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