Legal Opinion

In re Simmons

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1912PublishedCited by 5 opinions

Appeal by William R. Ware and another, as trustees, etc., of Enoch R. Ware, deceased, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Westchester on the 27th day of February, 1912, in so far as said order denies an application for an allowance of counsel fees in excess of the sum of $2,000.

1Opinion of the Court

Burr, J.:

In 1905 an act was passed designed, among other things, to enable the city of New York to provide for an additional supply of pure and wholesome water, and to acquire the lands necessary for that purpose (Laws of 1905, chap. 724). For convenience of designation we shall refer to it as “The Water Supply Act.” Pursuant to its provisions, proceedings were taken to condemn lands belonging to appellants, known as parcel No. 5. Commissioners of appraisal reported that the owners thereof were entitled to an award of $76,200, with *446interest from May 20, 1907, amounting on January 20, 1912, to…

2Cases cited5 opinions

  1. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  2. Matter of City of BrooklynNew York Court of Appeals · 1895
  3. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
  4. People v. . Long Island R.R. Co.New York Court of Appeals · 1909
  5. In re LowAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. In re the Commissioners of the Palisades Interstate ParkNew York Supreme Court · 1913
  2. People ex rel. Franklin Mills Co. v. CollinsNew York Supreme Court · 1919
  3. In re BenselAppellate Division of the Supreme Court of the State of New York · 1912
  4. In re BenselAppellate Division of the Supreme Court of the State of New York · 1912
  5. In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1912

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