In Re Deansville Cemetery Ass'n to Acquire Title to Lands of Miller
New York Court of Appeals
Appeal by Isaac C. Miller and wife, from an order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term confirming the report of a referee and appointing commissioners to appraise the compensation to be paid appellants for certain lands proposed to be taken by the petitioner, for the purposes of its incorporation. (Eeported below, 5 Hun, 482.) The facts sufficiently appear in the opinion.
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Appeal by Isaac C. Miller and wife, from an order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term confirming the report of a referee and appointing commissioners to appraise the compensation to be paid appellants for certain lands proposed to be taken by the petitioner, for the purposes of its incorporation. (Eeported below, 5 Hun, 482.) The facts sufficiently appear in the opinion. The statutes under which these proceedings were taken are unconstitutional and void. (Canst., art. 1, § 6; Vose v. Cookroft, 44 N. Y., 415 ; Delaney…
1Opinion of the CourtRapallo, J.
This proceeding is instituted under the acts of the legislature in reference to acquiring title to real estate for burial purposes. The first act upon the subject was passed in 1869 (Laws of 1869, chap. 727), and authorized cities and villages owning burial grounds to acquire title to lands immediately adjoining such grounds, for burial purposes, by proceedings similar to those prescribed by the general railroad law for the acquisition of lands for railroad purposes.
This act was amended by the acts of 1870 (chapter 760), 1873 (chapter 452), and 1875 (chapter 206), so as to extend to…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Embury v. . ConnerNew York Court of Appeals · 1850
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
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- People v. . HavnorNew York Court of Appeals · 1896
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Proprietors of Mount Hope Cemetery v. City of BostonMassachusetts Supreme Judicial Court · 1893
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