Legal Opinion

In re Widening Hudson Avenue

New York Supreme Court

Decided July 1, 1874Published

Appeal from an order denying a motion to confirm the report of commissioners, appointed to award, and assess damages for the widening of Hudson avenue, in the city of Albany, and vacating an m parte taxation of the bill of costs in the matter. In.pursuance of section 1 of title 7 of the charter of the city of Albany, as amended by chapter 302, Laws of 1872, commissioners were appointed to award and assess damages for the widening of Hudson avenue,.in the city of Albany.

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Appeal from an order denying a motion to confirm the report of commissioners, appointed to award, and assess damages for the widening of Hudson avenue, in the city of Albany, and vacating an m parte taxation of the bill of costs in the matter. In.pursuance of section 1 of title 7 of the charter of the city of Albany, as amended by chapter 302, Laws of 1872, commissioners were appointed to award and assess damages for the widening of Hudson avenue,.in the city of Albany. Upon the completion of their report, and on the application of the corporation counsel, an order was made, taxing the costs…

1Opinion of the Court

Landon, J.:

The city of Albany does not prosecute the appeal, taken in its name, from the order of the Special Term denying confirmation of the inquisition, awards and assessments, and vacating the exporte taxation of the bill of costs in this matter. The late corporation *582counsel and city surveyor, who united in said appeal, now ask to have reversed so much of the order appealed from as vacated the taxation of costs. Thomas W. Olcott was heard by counsel before the Special Term which granted the order appealed from, and now asks its affirmance. He is a property holder and tax-payer of the city…

2Cases cited3 opinions

  1. Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
  2. The Steamer Oregon v. RoccaSupreme Court of the United States · 1856
  3. Baldwin v. MayorNew York Court of Appeals · 1866

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