Manhattan Railway Co. v. Taber
New York Supreme Court
The defendants appealed in the above-entitled condemnation proceeding from three orders: (1) The order entered on November 28, 1893, upon the order to show cause granted by Mr. Justice Andrews, providing for a perpetual stay of all actions and proceedings interfering with plaintiff’s possession of the property, pursuant to section 3379 of the Code of Civil Procedure, except so much of the order as authorizes the plaintiff to continue in possession of the property upon…
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The defendants appealed in the above-entitled condemnation proceeding from three orders: (1) The order entered on November 28, 1893, upon the order to show cause granted by Mr. Justice Andrews, providing for a perpetual stay of all actions and proceedings interfering with plaintiff’s possession of the property, pursuant to section 3379 of the Code of Civil Procedure, except so much of the order as authorizes the plaintiff to continue in possession of the property upon complying with the terms of the final order confirming the award. (2) From the final order confirming the award, entered on…
1Opinion of the CourtAndrews, J.
Rule 3 provides that when any order on a nonenumerated motion is entered, the papers used or read on the motion on either side shall be specified in the order, and shall be filed with the clerk, unless otherwise ordered by the court, or the order may be set aside as irregular, with costs. Section 1353 of the Code of Civil Procedure provides that an appeal to the General Term from an order must be heard upon a certified copy of the notice of appeal, and of the papers used before the court or the judge upon the hearing of the motion, and rule 41 requires that such papers shall be printed.
It…
2Cases cited1 opinion
- Weseman v. . WingroveNew York Court of Appeals · 1881
3Cited by3 opinions
- Niles v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- City Real Estate Co. v. GaylorNew York Supreme Court · 1900
- Harvey Chalmers & Son, Inc. v. StateNew York Court of Claims · 1946