In re Isaacs

New York Court of General Session of the Peace

In re Isaacs

39 A. 588, 17 Del. 61, 1 Penne. 61, 1897 Del. LEXIS 33

CourtNew York Court of General Session of the Peace

DecidedOctober 21, 1897

StatusPublished

This text of 39 A. 588 (In re Isaacs) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Isaacs, 39 A. 588, 17 Del. 61, 1 Penne. 61, 1897 Del. LEXIS 33 (N.Y. Super. Ct. 1897).

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Opinion

Rorp, C. J:—

You may call the witness to prove the fact. The usual mode of proving the service of notice upon owners or holders of land on the line of a proposed road, is by the affidavit of the person making such service, filed with the petition when the order is applied for. This has been the practice, and should be followed for the convenient dispatch of such applications. There is, however, no statute or rule of Court precluding the Court from hearing oral proof where such service has already been made and accidentally omitted in the affidavit, as in this case. Such proof, however, must be made before the order to lay out the road is granted.

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Rorp, C. J:—

You may call the witness to prove the fact. The usual mode of proving the service of notice upon owners or holders of land on the line of a proposed road, is by the affidavit of the person making such service, filed with the petition when the order is applied for. This has been the practice, and should be followed for the convenient dispatch of such applications. There is, however, no statute or rule of Court precluding the Court from hearing oral proof where such service has already been made and accidentally omitted in the affidavit, as in this case. Such proof, however, must be made before the order to lay out the road is granted.

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Bluebook (online)

39 A. 588, 17 Del. 61, 1 Penne. 61, 1897 Del. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-isaacs-nygensess-1897.