County of Orange v. Storm King Stone Co.
Appellate Division of the Supreme Court of the State of New York
Reargument of an appeal by the defendants, Storm King Stone Company and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the cleric of the county of Orange on the 21st day of December, 1916, confirming the report of commissioners in proceedings to condemn certain lands for a State highway in Cornwall, Orange county.. (See 190 App.
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Reargument of an appeal by the defendants, Storm King Stone Company and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the cleric of the county of Orange on the 21st day of December, 1916, confirming the report of commissioners in proceedings to condemn certain lands for a State highway in Cornwall, Orange county.. (See 190 App. Div. 914.) On January 30, 1915, the court gave judgment of condemnation, appointing three commissioners, who were directed to hold their first meeting on February 8, 1915. The commissioners took proofs, made a…
1Opinion of the Court
Putnam, J.:
The land to be taken for this highway is made a charge on the county of Orange. (Highway Law §§ 148, 149, 151, 153.) This law provides for the appointment of three disinterested persons as commissioners (§ 151). The judgment of condemnation described the three persons named as “ three competent and disinterested freeholders of the Judicial District embracing the County where said real property is situated,” following the wording of section 3369 of the Code of Civil Procedure. These statutes devolve the choice of commissioners wholly on the court, without means to examine the…
2Cases cited7 opinions
- Hildreth v. . City of TroyNew York Court of Appeals · 1886
- Matter of City of Rochester v. . HoldenNew York Court of Appeals · 1918
- Diveny v. . City of ElmiraNew York Court of Appeals · 1873
- Wood v. StoddardNew York Supreme Court · 1807
- Lickly v. BishoppMichigan Supreme Court · 1907
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3Cited by1 opinion
- In re the Acquisition of Land by the City of UticaNew York Supreme Court · 1929