New-York Central Railroad Co. v. . Marvin
New York Court of Appeals
On the application of the respondent under the general railroad act of 1850, commissioners were appointed to appraise the lands in question, who made their report, by which they were appraised at $11,500, and the report was duly confirmed at a special term‘of the supreme court.
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On the application of the respondent under the general railroad act of 1850, commissioners were appointed to appraise the lands in question, who made their report, by which they were appraised at $11,500, and the report was duly confirmed at a special term‘of the supreme court. From that decision Marvin appealed to the general term, sitting in the eighth district, where, after hearing counsel on both sides, a new appraisal was refused and the report and proceedings were affirmed. An appeal was then taken to this court, which the repondent moved on notice to dismiss.
1Opinion of the Court
By the Court, Parker, J.
Inasmuch as all remedies in courts of justice are, by the code is 1,) divided into actions and special proceedings, the application to the supreme court for the appointment of commissioners and the appraisal, report and confirmation must fall within the latter subdivision of remedies. In Ex parte Ransom, (3 Code Rep. 148,) it was held that the proceeding to assess damages on laying out of plank roads, under chap. 210 of the laws of 1847, is a special proceeding as defined by the code, and this proceeding is of the same character.
The code (§11, sub. 3,) allows an appeal…
2Cases cited1 opinion
- Troy & Boston Railroad v. President of the Northern Turnpike Co.New York Supreme Court · 1852
3Cited by28 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- In Re the Trustees of the New York & Brooklyn Bridge to Acquire Lands of ClarkNew York Court of Appeals · 1893
- In Re Sutter-Butte By-Pass Assessment No. 6California Supreme Court · 1923
- McCormick v. RuschSupreme Court of Iowa · 1863
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