New York & Erie Rail Road v. Corey & Smith
New York Supreme Court
Motion to confirm report of Commissioners of Appraisal. At the late general term of this district the commissioners who had heen previously appointed to appraise the damages of the claimants in consequence of the rail road company running their road over their land, having made their report, the counsel for the company moved for its confirmation, under the provisions of the act entitled “ an act to authorize the formation of rail road corporations, and to regulate the same,”…
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Motion to confirm report of Commissioners of Appraisal. At the late general term of this district the commissioners who had heen previously appointed to appraise the damages of the claimants in consequence of the rail road company running their road over their land, having made their report, the counsel for the company moved for its confirmation, under the provisions of the act entitled “ an act to authorize the formation of rail road corporations, and to regulate the same,” passed April 2, 1850 (Laws of 1850, p. 211), In that report the commissioners, among other things, stated that “ having…
1Opinion of the Court
Welles, Justice.
It is now objected that the petition upon which the commissioners were appointed, was not properly verified,- also that it does not. appear by the: petition that the company had been unable to agree for the purchase of the right of way in question. Without stopping to consider or discuss these objections upon their merits, it is sufficient to say that they come to late. When the petition- for the appointment of the commissioners was presented, was the proper time to raise objections of this character. They do not go to the merits of the case and merely affect the question- of…
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