Legal Opinion

In re Lent

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 2 opinions

Appeal by William Y. Lawrence and others from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 15th day of October, 1898, confirming the report of commissioners in the proceeding to drain lands in the town of East Chester, county of Westchester.

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Appeal by William Y. Lawrence and others from an order of the County Court of Westchester county, entered in the office of the clerk of the county of Westchester on the 15th day of October, 1898, confirming the report of commissioners in the proceeding to drain lands in the town of East Chester, county of Westchester. Appeal by Alfred De Witt and others from the said order, excepting the last clause thereof, setting aside and vacating the assessments heretofore made by the commissioners and included in their decision mentioned in said order.

1Opinion of the Court

Hatch, J.:

By chapter 43 of the Laws of 1871 the county of Westchester was exempted from the operation of the General Drainage Statute of 1869 (Chap. 888). By chapter 282 of the Laws of 1879, chapter 43 of the Laws of 187l was repealed. The effect of this last repeal operated to revive the act of 1869 and Westchester county became again subject to its provisions, except so far as localities were subject to local regulations by local laws. (Van Denburgh v. Village of Greenbush, 66 N. Y. 1.)

This condition was not- changed by chapter 388 of the Laws of 1880; the latter act simply excepted the…

2Cases cited21 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Embury v. . ConnerNew York Court of Appeals · 1850
  3. Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
  4. People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
  5. Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876

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3Cited by2 opinions

  1. In re the Rehabilitation of Bond & Mortgage Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1936
  2. People ex rel. Buffalo & Fort Erie Public Bridge Authority v. DavisNew York Supreme Court · 1937

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