Baldwin v. . City of Buffalo
New York Court of Appeals
Appeal from the judgment of the Supreme Court at General Term, reversing the judgment rendered upon the report of a referee in favor of the plaintiff, and ordering a new trial.
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Appeal from the judgment of the Supreme Court at General Term, reversing the judgment rendered upon the report of a referee in favor of the plaintiff, and ordering a new trial. The action was brought to restrain the defendant, from opening a road upon certain premises in possession of the plaintiff, in pursuance of the resolutions of the common council, upon the ground that the commissioners appointed by the Supreme.Court to ascertain and report the just compensation to be paid to the persons owning the premises, or having an interest therein, had awarded him nominal value only, whereas the…
1Opinion of the CourtMorgan, J.
It is, perhaps, questionable whether the case contains any exceptions but those arising upon the refusal of the referee to nonsuit the plaintiff, and those arising upon the admission of certain evidence upon the trial. The case, however, states that the defendant filed and served exceptions to the report of the referee as it appears in the judgment roll, wherein he finds, as matter of law, that the plaintiff should have judgment, and to each and every part of said decision. If this is available as an exception, it is only to be regarded as a general exception to the final conclusion of the…
2Cases cited2 opinions
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Baldwin v. City of BuffaloNew York Supreme Court · 1859
3Cited by9 opinions
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
- Sowadzki v. Salt Lake CountyUtah Supreme Court · 1909
- Minnesota Central Railway Co. v. McNamaraSupreme Court of Minnesota · 1868
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