In Re the Kings County Elevated Railway Co.
New York Court of Appeals
Appeal by property owners from order of the General Term of the Supreme Court in the second judicial depart-ment, made May Id, 1888, which affirmed an order of Special Term appointing commissioners to ascertain and appraise the compensation to be made to said landowners for lands sought to be taken by the petitioner.
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Appeal by property owners from order of the General Term of the Supreme Court in the second judicial depart-ment, made May Id, 1888, which affirmed an order of Special Term appointing commissioners to ascertain and appraise the compensation to be made to said landowners for lands sought to be taken by the petitioner. The petitioner was organized and these proceedings were instituted under the ¡Rapid Transit Act (Chap. 606, Laws of 1875). Its charter and articles of association were filed in January, 1879. The property-owners objected to the appointment of commissioners on the ground that “the…
1Opinion of the CourtFinch, J.
At the threshold of this case stands a question which is alleged to supply a perfect barrier to the attack made upon the corporate life of the company which, in this proceeding, seeks to condemn property for the public use. That question concerns the force and effect of a judgment rendered in an action brought in the name of the People, by their attorney-general, against the corporation, and which adjudged the lawful organization of the Kings County Elevated Railroad Company, and its right to continue to exist. We pass by that question without discussing or determining it, although fully…
2Cases cited2 opinions
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
3Cited by3 opinions
- Nutting v. Kings County Elevated Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- In re Board of Rapid Transit Railroad Com'rsNew York Supreme Court · 1892