Buel v. . the Trustees of Lockport
New York Court of Appeals
This was an action of debt, brought to recover the sum of $1200, assessed" by a jury as the amount of the plaintiffs’ damages, in consequence of laying out a street through their land in the village of Lockport, pursuant to the act incorporating said village, passed March 26th, 1829, (Stat. of 1829, p. 141, § 43.) On the trial, the plaintiffs were nonsuited, upon the ground that “ they were not named in the precept directed to the jury to assess the damages.”
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This was an action of debt, brought to recover the sum of $1200, assessed" by a jury as the amount of the plaintiffs’ damages, in consequence of laying out a street through their land in the village of Lockport, pursuant to the act incorporating said village, passed March 26th, 1829, (Stat. of 1829, p. 141, § 43.) On the trial, the plaintiffs were nonsuited, upon the ground that “ they were not named in the precept directed to the jury to assess the damages.” The supreme court refused to grant a new trial; and after judgment the plaintiffs appealed to this court.
1Opinion of the CourtShankland, J.
The order of the board of trustees, continuing Saxton-street from Genesee to Buffalo-street in the village of Lockport, bears date in May, 1839, and does not mention the names of the owners of the land, appropriated for the purposes of the street; nor does it appear, by the records and proceedings of said trustees, that the plaintiffs were known to be owners or interested in the lands to be taken, until after the issuing of the precept to the jury to assess the damages. After the jury had assembled to assess damages, Asa W. Douglass, in behalf of himself and his co-plaintiffs, appeared before…
2Cases cited1 opinion
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