In Re the Department of Public Parks to Acquire Title to Lands
New York Court of Appeals
Appeals by George B. Grinnell and John Dailey, claimants, from an order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term as to the disposition of an award to “ unknown owners ” made herein. The nature of the proceedings and the facts appear sufficiently in the opinion. The city was not entitled to the award on the assumption that the land for which it was made had been dedicated to public use.
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Appeals by George B. Grinnell and John Dailey, claimants, from an order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term as to the disposition of an award to “ unknown owners ” made herein. The nature of the proceedings and the facts appear sufficiently in the opinion. The city was not entitled to the award on the assumption that the land for which it was made had been dedicated to public use. (Laws 1813, chap. 86, § 178; Pittman v. Mayor, etc., 3 Hun, 372; 62 N. Y., 637; Dolan v. Mayor, etc., id., 472; In re Arnold, 60 id., 26; In…
1Opinion of the CourtEarl, J.
Some time prior to June 3, 1873, application was made to the Supreme Court by the commissioners of public parks, and the commissioner of public works, on behalf of the city of New York, for the appointment of commissioners of estimate and assessment in a proceeding to acquire the title to certain lands, for the purpose of laying out a certain road or public drive. The commissioners were appointed, and entered upon the discharge of their duties as such, and, among other things, awarded to “unknown owners ” the sum of SI,547 for a certain parcel of land taken. Their report-was confirmed June 3,…
2Cases cited5 opinions
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Jackson, ex rel. Shaw v. SpeakNew York Supreme Court · 1831
- Devyr v. . SchaeferNew York Court of Appeals · 1874
3Cited by35 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- Lamme v. DodsonMontana Supreme Court · 1883
- Plum v. City of KansasSupreme Court of Missouri · 1890
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