In re New York & Harlem Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made July 2, 1870, which denied a motion to dismiss an appeal from an order of Term, confirming the report and award of commissioners of appraisal, appointed herein' to appraise the damage for certain lands of the city of New York, sought tó be taken by the petitioner for railroad purposes; also appeal from order of said General Term made at the same time, reversing the order of…
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made July 2, 1870, which denied a motion to dismiss an appeal from an order of Term, confirming the report and award of commissioners of appraisal, appointed herein' to appraise the damage for certain lands of the city of New York, sought tó be taken by the petitioner for railroad purposes; also appeal from order of said General Term made at the same time, reversing the order of confirmation and ordering a new appraisal. The material facts are stated in the opinion. The order of the General Term…
1Opinion of the CourtEarl, J.
The commissioners of appraisal awarded to the city for land taken the sum of $25,000, and that award was confirmed by an order of the Special Term of the Supreme Court, which directed the railroad company to pay the sum awarded to the city chamberlain for the use of the city. That order was entered October 22, 1869, and in pursuance thereof, on the 26th day of October, the company paid the amount to the chamberlain, who gave his receipt for the same; and on the next day the city appealed from the order to the General Term, which subsequently reversed the order, and ordered a new appraisal…
2Cases cited4 opinions
- In the Matter, Etc., of P.P. C.I.R.R. Co.New York Court of Appeals · 1881
- In the Matter, Etc., of Kings Co. Elev. Ry. Co.New York Court of Appeals · 1880
- Matter Of, Etc., N.Y., W.S. B.R. Co.New York Court of Appeals · 1884
- Matter of MooreNew York Court of Appeals · 1876