Hilfinger v. . the State of New York
This text of 101 N.E. 878 (Hilfinger v. . the State of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
We are of opinion that where, as in the case of appropriation of lands by the state, the claimant is entitled under the Constitution to just compensation for the land taken from him, he cannot be required • by any rule of the court to go to the expense of presenting a duplicate of the map that has been served upon him; but this applies only to such cases, and not to cases where *573 the party is entitled to present his claim against the state only hy authority of the legislature. Under the circumstances, therefore, as the rule that the claimant complied with was invalid, the. affirmance is without costs.
The judgment should-he affirmed, without costs.
Cullen, Ch. J., Willard Bartlett, Hiscock, Chase, Cuddeback and Miller, JJ., concur; Hogan, J., concurs in result.
Judgment affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
101 N.E. 878, 208 N.Y. 572, 1913 N.Y. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilfinger-v-the-state-of-new-york-ny-1913.