In re the New York, Westchester & Boston Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by John Oscar Ball and another from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Westchester on the 29th day of September, 1910, confirming the report and award of commissioners of appraisal in condemnation proceedings, with notice of an intention to bring- up for review a judgment entered in said clerk’s office oh the 14th day of February, 1910, condemning defendants’ property and appointing…
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Appeal by John Oscar Ball and another from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Westchester on the 29th day of September, 1910, confirming the report and award of commissioners of appraisal in condemnation proceedings, with notice of an intention to bring- up for review a judgment entered in said clerk’s office oh the 14th day of February, 1910, condemning defendants’ property and appointing commissioners to appraise the same.
1Opinion of the Court
Hirschberg, J.:
This is an appeal by the defendants from an order of the Special Term of this court confirming the report and award of commissioners of appraisal appointed in proceedings instituted to condemn certain land owned by" the defendant John O. Ball for the purpose of the plaintiff’s railroad. The defendant Elizabeth B. Ball has no interest jn the premises except her inchoate right of dower, although she owns adjoining premises on which is located a dwelling house. The defendants also seek to review by this appeal the judgment appointing- the commissioners and condemning* the property.
2Cases cited12 opinions
- Daly v. SmithAppellate Division of the Supreme Court of the State of New York · 1897
- In Re the Petition of ThompsonNew York Court of Appeals · 1891
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- In re GilroyNew York Supreme Court · 1895
- In re Application & Petition of DalyAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by18 opinions
- United States v. Delano Park Homes, Inc.Court of Appeals for the Second Circuit · 1944
- Onondaga County Water Authority v. New York Water Service Corp.Appellate Division of the Supreme Court of the State of New York · 1955
- Staninger v. Jacksonville Expressway AuthorityDistrict Court of Appeal of Florida · 1966
- Gottfried v. StateNew York Court of Claims · 1960
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1952
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