In Re the United States for the Appointment of Commissioners
New York Court of Appeals
The nature of the appeal and the material facts are set forth in the opinion. The motion is properly made on the ground that the acts under which the application to the court for the appointment of the commissioners was made, and the acts under which all the proceedings herein have been conducted, are unconstitutional and void. (Matter of Qity of Buffalo, 78 H. Y. 362 ; Matter of Dept. Ptiblic Parks, 85 id. 459; Matter. of Appl’n Dept. Pub.
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The nature of the appeal and the material facts are set forth in the opinion. The motion is properly made on the ground that the acts under which the application to the court for the appointment of the commissioners was made, and the acts under which all the proceedings herein have been conducted, are unconstitutional and void. (Matter of Qity of Buffalo, 78 H. Y. 362 ; Matter of Dept. Ptiblic Parks, 85 id. 459; Matter. of Appl’n Dept. Pub. Parks, 86 id. 437; Matter of Edward Cooper, 28 Hun, 515.) The State of Hew York cannot condemn lands for the use of the general government, because the…
1Opinion of the CourtDanfobth, J.
This is an appeal from an order of t'he General Term of the Supreme Court, in the first judicial department, March 28, 1884, affirming an order of Special Term, which denied a motion made by certain property-owners to vacate several orders by which commissioners of estimate and assessment were appointed to carry into effect an act entitled “ An act granting to the United States the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Day vil creek, and for the construction of another channel from the North river to the East river through the Harlem…
2Cases cited10 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- Rexford v. . KnightNew York Court of Appeals · 1854
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3Cited by13 opinions
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- Chappell v. United StatesSupreme Court of the United States · 1896
- Lancey v. King CountyWashington Supreme Court · 1896
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1937
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