Matter of the Application of Cooper, Etc.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 20,1882, which affirmed an order of Special Term, denying a motion on the part of William Collins to vacate an order appointing commissioners of estimate and assessment herein. (Reported below, 28 Hun, 515.) The nature of the proceedings and the material facts are-stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made October 20,1882, which affirmed an order of Special Term, denying a motion on the part of William Collins to vacate an order appointing commissioners of estimate and assessment herein. (Reported below, 28 Hun, 515.) The nature of the proceedings and the material facts are-stated in the opinion. The clause in chapter 191, Laws of 1880, permitting the talcing of private property for public use is a positive prohibition against the taking of property for private use, or for any use other than a…
1Opinion of the CourtDanforth, J.
The proceedings in question were taken under an act for the establishment of a public market in the city of New York and the acquisition of land for this purpose by purchase, or failing in that, by commissioners of estimate and assessment, to be appointed by the Supreme Court. (Laws of 1880, chap. 191.) A petition setting forth among other things an inability to agree with the owners of the desired property upon the price to be paid for it, and asking for the appointment of commissioners of estimate and assessment for the purpose prescribed by the act, was presented to the court by the…
2Cases cited3 opinions
- Embury v. . ConnerNew York Court of Appeals · 1850
- Lee v. TillotsonNew York Supreme Court · 1840
- Mongeon v. PeopleNew York Court of Appeals · 1874
3Cited by73 opinions
- Ripley v. StorerNew York Court of Appeals · 1956
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
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