Speir v. Town of New Utrecht
New York Supreme Court
Appeal from special term, Kings county; Bartlett, Justice. Action by Robert Speir, Jr., against the town of New Utrecht, for.an injunction against the collection, of assessments for opening and improving a .certain avenue, on the ground that a portion of the land for the highway was never legally acquired, but still is the property of plaintiff.
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Appeal from special term, Kings county; Bartlett, Justice. Action by Robert Speir, Jr., against the town of New Utrecht, for.an injunction against the collection, of assessments for opening and improving a .certain avenue, on the ground that a portion of the land for the highway was never legally acquired, but still is the property of plaintiff. At the opening of the trial it was stipulated that defendant waives all question of remedy, and that all questions be considered and decided the same as if in any other form of action. The court made its findings of fact and conclusions of law; and in…
1Opinion of the CourtPratt, J.
Chancery welcomes parties who submit their controversies irrespective of technical questions concerning the form of action or regularity of proceedings, and it was the clear duty of the trial judge, under the waiver and stipulation made at the outset of the trial, to give all the rights and issues presented full and final determination. Bank v. City of Utica, 4 Paige, 399; Grandin v. Le Roy, 2 Paige, 509. We cannot see that there was 20 years’ user of the land in question as a public highway. During 10 of those 20 years a portion of the land, at one time 10 feet in width, and at another 20…
2Cases cited10 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Cook v. . HarrisNew York Court of Appeals · 1875
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
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3Cited by7 opinions
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Mott v. . EnoNew York Court of Appeals · 1905
- Wood v. ReedNew York Supreme Court · 1893
- Hamilton v. Village of OwegoAppellate Division of the Supreme Court of the State of New York · 1899
- Hassinger v. KlineNew York Supreme Court · 1981
2 more not listed; retrieve them via the Exa API.