City of Johnstown v. . Wade
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered June 16, 1898, reversing an order of the Special Term vacating a final order and judgment in a proceeding under the Condemnation Law, to open a street. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Parker, Cli. J.
The city of Johnstown, desiring to acquire for the purposes of a street certain real estate, the title to which was in Mortimer Wade, instituted this proceeding for that purpose. Some time thereafter an agreement was reached as to the value of the property, and in pursuance of a stipulation of the parties a final order was entered January 27th, 1897, and the judgment awarding damages was finally docketed August '10th, 1897. Later the municipal authorities reached the conclusion that, in the proceedings taken by the common council to open the street, certain steps had been…
2Cases cited1 opinion
- Van Arsdale v. . KingNew York Court of Appeals · 1898
3Cited by7 opinions
- Village of Champlain v. . McCreaNew York Court of Appeals · 1901
- Hammond v. . National Life Assn.New York Court of Appeals · 1901
- Matter of SmallNew York Court of Appeals · 1899
- Matter of City of New YorkNew York Court of Appeals · 1932
- In re WilderAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.