Ex parte Jennings
New York Supreme Court
Before, and at the time of the erection of tbe Erie ea-nat the relator was in possession, and elaimed to be the owner jn fee of various hydraulic works, standing on the ^ , margin of the Chitteningo creek, near the rapids, in the* town of Sullivan, in the county of Onondaga. He had, before the erection of the canal, purchased the land on which the works stood, bordering on the creek, with a^out goo acres of adjoining land.
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Before, and at the time of the erection of tbe Erie ea-nat the relator was in possession, and elaimed to be the owner jn fee of various hydraulic works, standing on the ^ , margin of the Chitteningo creek, near the rapids, in the* town of Sullivan, in the county of Onondaga. He had, before the erection of the canal, purchased the land on which the works stood, bordering on the creek, with a^out goo acres of adjoining land. The works consisted of a flouring mill, two saw-mills, one carding-machine, Qnr| ^ about $10,000 ; and which were dependent for their op-eiation on the waters of the…
1Opinion of the CourtSutherland., J.
intimated when the attorney general first moved, that there could be no objection to change the peremptory mandamus into an alternative one, if this alone was requested. The court, at the last term, understood the counsel for the appraisers as saying explicitly, that nothing farther was desired than the opinion of the court on the case, as it then stood; which would be acquiesced in by the appraisers. Otherwise, the course would have been to grant an alternative mandamus.
After the argument was dosed ; and the court had taken several days for advisement,
Savage, Ch. J. remarked, that the main…
2Cases cited11 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Palmer v. MulliganNew York Supreme Court · 1805
- People v. PlattNew York Supreme Court · 1819
- Hooker v. CummingsNew York Supreme Court · 1822
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
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3Cited by43 opinions
- Arkansas v. TennesseeSupreme Court of the United States · 1918
- Smith v. . City of RochesterNew York Court of Appeals · 1883
- Morgan v. . KingNew York Court of Appeals · 1866
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- McManus v. CarmichaelSupreme Court of Iowa · 1856
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