In re Newland Avenue
New York Supreme Court
Appeal from special term, Chautauqua county. Proceedings for the opening of Newland avenue, in the city of Jamestown. From an order confirming the report of the commissioners appointed to assess •damages, Almira E. Northrop, a land-owner, appeals.
1Opinion of the CourtDwight, P. J.
Assuming that the order of the special term was appealable to this court under the general provisions of section 1356 of the Code of Civil Procedure, which may be subject to question under the particular language •of the act of incorporation of Jamestown, (Laws 1886, c. 84, tit. 6, § 7,) we find no reason to interfere with the award of the commissioners which that order confirmed. The objection that the commissioners lost jurisdiction of the proceeding when two of their number adjourned it to another day, in the absence of the third, who had been duly notified of the first meeting, is…
2Cited by2 opinions
- Harneck v. WalkerMichigan Supreme Court · 1924
- In re SimmonsAppellate Division of the Supreme Court of the State of New York · 1915