Village of St. Johnsville v. Smith
Appellate Division of the Supreme Court of the State of New York
Motion- hy the plaintiff, the Village of St. Johns ville, to dismiss an appeal taken hy the defendants from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Cortland on the 30th day of August, 1897, upon the report of a referee condemning the real property and water rights described in the petition.
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Motion- hy the plaintiff, the Village of St. Johns ville, to dismiss an appeal taken hy the defendants from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office-of the clerk of the county of Cortland on the 30th day of August, 1897, upon the report of a referee condemning the real property and water rights described in the petition. Plaintiff instituted proceedings to condemn certain lands and water rights of the defendants for the purpose of enlarging its waterworks. Issues were raised by the service of an answer by defendants, and such issues…
1Opinion of the Court
Per Curiam :
We are of the opinion that this motion must be granted. The provisions of the Condemnation Law (Code Civ. Proc. §§ 3357-3384). clearly point out how appeals may be taken in those proceedings. The first question to be determined in such proceedings is whether the plaintiff is entitled to condemn the property which it desires. *381to acquire. To that end it presents a petition setting forth its claim. Its averments may be met by an answer.. In the event that defendant succeeds after trial upon such answer, judgment is entered against the plaintiff, and in that event it would end the…
2Cases cited1 opinion
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Champlain & Sanford Railroad v. OstranderAppellate Division of the Supreme Court of the State of New York · 1912
- Stillwater & Mechanicville Street Railway Co. v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- City of Albany v. YarasAppellate Division of the Supreme Court of the State of New York · 1956
- In re DickensAppellate Division of the Supreme Court of the State of New York · 1929
- Marshall v. HatfieldNew York Supreme Court · 1912
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