Matter of Commissioners of Central Park
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, confirming the report of commissioners of estimate and assessment in proceedings instituted in pursuance of chapters 697, Laws of 1867, by the Commissioners of the Central Park for the purpose of the opening of four parks on the west side of the city of Hew York. The appeal was by various owners of lands assessed for benefits. (Reported below, 41 How. Pr.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, confirming the report of commissioners of estimate and assessment in proceedings instituted in pursuance of chapters 697, Laws of 1867, by the Commissioners of the Central Park for the purpose of the opening of four parks on the west side of the city of Hew York. The appeal was by various owners of lands assessed for benefits. (Reported below, 41 How. Pr. R., 12; 4 Lans., 469.) The order of the General Term, dated August 2, 1872, is appealable to this court. (N. Y. C. R. R. Co. v. Marvin, 1 Kern.,…
1Opinion of the CourtAllen, J.
The appeal is from the- order df the Supreme Court, confirming the report of commissioners of estimate and assessment, and brings up for review no other part of the proceedings or any other order or direction made or given by the court in the course of the proceedings for acquiring the title to the lands mentioned in the report. Upon an appeal from a judgment, this court may review any intermediate order involving the merits, and necessarily affecting the judgment. (Code, § 11, sub. 1.) " But an appeal from an order does not authorize the review and reversal of any other order, no matter how…
2Cases cited5 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- King v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1867
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- Capen v. GloverMassachusetts Supreme Judicial Court · 1808
- Mayor, Etc., of City of New York v. . ErbenNew York Court of Appeals · 1868
3Cited by69 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- In Re the Department of Public Parks to Acquire Title to LandsNew York Court of Appeals · 1878
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
- People Ex Rel. Leet v. . KellerNew York Court of Appeals · 1898
- Matter of Ryan v. . City of New YorkNew York Court of Appeals · 1920
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