In re South Market Street
New York Supreme Court
Proceeding to extend South Market street, in the village of Johns-town, through lands of Mortimer Wade and others. An order appointing commissioners to assess damages was reversed on an appeal taken by James Younglove (27 N. Y. Supp. 843), and he now moves for a modification of the decision by awarding him costs.
1Opinion of the CourtHerrick, J.
This is a motion to modify and correct a memorandum of the decision of the appeal in the above-entitled matter, entered upon the clerk’s minutes, so as to award to the appellant costs at the same rate, and on appeal to this court in the final judgment in the action. The appeal in this case was taken from an order of the special term appointing commissioners to ascertain and assess the damages claimed by the landowners in proceedings for the extension of South Market street, in the village of Johns-town. The proceeding to extend South Market street, was an exercise of the right of eminent…
2Cases cited5 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Matter of Application of HoldenNew York Court of Appeals · 1891
- In the Matter of William A. FowlerNew York Court of Appeals · 1873
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- In re Opening of One Hundred & Sixty-Third StreetNew York Supreme Court · 1891
3Cited by3 opinions
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- In re PetersonAppellate Division of the Supreme Court of the State of New York · 1904
- In re East 133d StreetNew York Supreme Court · 1904