Hamersley v. Mayor of New York
New York Supreme Court
APPEAL, by the defendants, from a judgment at the circuit, in favor of the plaintiffs. The common council of the city of New York, in March, 1865, presented a petition to this court, praying for the appointment of commissioners to estimate and assess the damages sustained by owners and other persons interested in certain lands proposed to be taken for the purpose of extending Church street in said city.
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APPEAL, by the defendants, from a judgment at the circuit, in favor of the plaintiffs. The common council of the city of New York, in March, 1865, presented a petition to this court, praying for the appointment of commissioners to estimate and assess the damages sustained by owners and other persons interested in certain lands proposed to be taken for the purpose of extending Church street in said city. Such proceedings were had in this court, on the petition, that commissioners were appointed to assess said damages, and they made an estimate and assessment of such damages, in and by which…
1Opinion of the CourtDavis, J.
By the statute of April 9, 1813, sec. 178, the corporation of the city of New York became seised in fee of lands taken for streets on the confirmation of the report of assessment of damages, &c., and were authorized “at any time or times thereafter to take possession of the same or any part or parts thereof without any writ or proceeding at law for that purpose.” Under that statute the corporation were required within four calendar months after the confirmation of the report, to pay the awards, and if not paid, the parties in whose favor they were made were authorized at any time after…
2Cases cited2 opinions
- Hamersley v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
- Detmold v. . DrakeNew York Court of Appeals · 1871