Schneider v. . City of Rochester
New York Court of Appeals
Appeal from an order of the late General Term of the Supreme Court in the fifth judicial department entered December 6, 1895, reversing an order made at Special Term granting a preliminary injunction. The facts, so far as material, appear in the opinion. The order is appealable as affecting a substantial right and as disposing of the merits of the controversy. (Paul v. Munger, 47 N. Y. 469.) The order is not appeal-able. (Code Civ.
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Appeal from an order of the late General Term of the Supreme Court in the fifth judicial department entered December 6, 1895, reversing an order made at Special Term granting a preliminary injunction. The facts, so far as material, appear in the opinion. The order is appealable as affecting a substantial right and as disposing of the merits of the controversy. (Paul v. Munger, 47 N. Y. 469.) The order is not appeal-able. (Code Civ. Pro. § 190; Van Arsdale v. King, 155 N. Y. 325.)
1Opinion of the CourtVann, J.
Under the condemnation provisions of the charter of the city of Rochester regular proceedings were instituted to acquire title to certain lands of the plaintiff for the purpose of a public improvement. (L. 1880, ch. 14, §§ 173-197, as amended by L. 1882, ch. 120; L. 1890, ch. 561, and L. 1892, ch. 190.) Commissioners of appraisal were duly appointed, and their report awarding '$40,000 to the plaintiff, was filed with the city clerk. Section 179 of the charter provides that “ upon the filing of such report the said common council shall assign a time for hearing objections to the confirmation…
2Cases cited11 opinions
- McHenry v. . JewettNew York Court of Appeals · 1882
- Anderson v. . AndersonNew York Court of Appeals · 1889
- Selchow v. . BakerNew York Court of Appeals · 1883
- Allen v. . MeyerNew York Court of Appeals · 1878
- Tolman v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1883
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3Cited by6 opinions
- Walker Memorial Baptist Church, Inc. v. SaundersNew York Court of Appeals · 1941
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Brydon v. City of Hermosa BeachCalifornia Court of Appeal · 1928
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- Schneider v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.