People Ex Rel. Eckerson v. Board of Trustees
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered September 10, 1894, confirming on certiorari an award made by a jury in proceedings to condemn land for the purpose of opening a street. The facts, so far as material, are stated in the opinion. Certiorari is the proper remedy for the review of the proceedings that have been taken by the respondent for the acquisition of the relators’ premises.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered September 10, 1894, confirming on certiorari an award made by a jury in proceedings to condemn land for the purpose of opening a street. The facts, so far as material, are stated in the opinion. Certiorari is the proper remedy for the review of the proceedings that have been taken by the respondent for the acquisition of the relators’ premises. (People ex rel. v. Village of Haverstraw, 137 N. Y. 88.) The provisions of the act of 1893, with respect to the selection of a jury for the…
1Opinion of the CourtVann, J.
In March, 1893,. the respondent determined to open a new street in the village of Haverstraw, and for that purpose to acquire the title t-'o certain lands belonging to the appellants. A jury was selected, trial had and an award made, but as it was not satisfactory to the landowners, they procured a writ of certiorari to review the proceedings, claiming that they were in violation of the Constitution of the state. The General Term affirmed the award, one of the learned justices dissenting, and the relators bring this appeal. The proceedings were founded on the act of 1870 for the incorporation…
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- Hilton v. . BenderNew York Court of Appeals · 1877
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3Cited by15 opinions
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- In re SteeleDistrict Court, N.D. Alabama · 1908
- In re the City of RochesterAppellate Division of the Supreme Court of the State of New York · 1918
- Kronowitz v. SchlanskyNew York Supreme Court · 1935
- In re LentAppellate Division of the Supreme Court of the State of New York · 1900
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