Baldwin v. Calkins
New York Supreme Court
Certiorari to judges of Onondaga to remove proceedings on an assessment by them of damages under an act of the le^ gislature.
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Certiorari to judges of Onondaga to remove proceedings on an assessment by them of damages under an act of the le^ gislature. In 1809, the legislature of this state passed an act entitled, “An act to authorize Jonas C. Baldwin to erect a dam across the Seneca River,” Laws of JV*. F. vol. 5, Webster's ed. 453, by which Baldwin, his heirs or assigns were authorized to erect and maintain a dam across the Seneca river, at the head of the rapids called MeHarry's rift, of a height not exceeding seven and a half feet, on condition of erecting and maintaining a canal for the passage of boats. By the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first objection taken by the plaintiffs in error on the argument is, that it does not affirmatively appear that the judges who made the assessment were not interested in the lands. The statute says that application may be made to three judges, &c. not interested in ■such land. It appears from the return that notice was given to the plaintiffs in error of the time and place of the meeting of the judges, for the purpose of assessing the damages, and that the plaintiffs attended; that they asked an adjournment, which was granted, and that they afterwards attended…
2Cases cited2 opinions
- Calking v. BaldwinNew York Supreme Court · 1830
- Sherwood v. BurrSupreme Court of Connecticut · 1810
3Cited by34 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Dryden v. SwinburneWest Virginia Supreme Court · 1882
- Prentice v. . GeigerNew York Court of Appeals · 1878
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- De Camp v. . BullardNew York Court of Appeals · 1899
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