...description of the real estate which the company seeks to acquire ; and it must, in effect, state may show cause against granting the prayer of the petition and may disprove any of the facts alleged m it. The court shall hear the proofs and allegations of the parties, and if no sufficient cause is...

...railroad corporation is entitled to take the whole or any part of the lands sought to he acquired, and, if no sufficient cause is shown against granting the prayer of the petition, shall make an order" etc. The part of the statute above italicised clearly confers upon the judge or...

...may upon the return day or any day to which the cause may be continued, proceed to hear the proofs of the parties ; and If no sufficient cause is shown against granting the prayer of the petition he shall make an order appointing three disinterested and competent freeholders to appraise the property...

...* * all or any of the persons whose estates or interests are to be affected by the proceedings, may show cause against granting the prayer of the petition,...shall hear the proofs and allegations of the parties." It has been held that such disproving, such proofs must be given by legal evidence, and that an affidavit...

...such other days as are from time to time appointed, if it appears that the notice was duly published, the court shall hear the proofs and allegations of the parties ; and if it appears that the proceedings of the trustee, in relation to his trust, have been fair and honest,...

...granting the prayer of the petition, and may to that end disprove any of the facts alleged therein. The court shall hear the proofs and allegations of...petition, it shall make an order for the appointment of three disinterested and competent freeholders, residents of the state of New York, as commissioners...

...other purposes, which has been In force for many years without cavil or question. It Is provided that "the court shall hear the proofs and allegations of the parties, and If * • • satisfied that the public Interests require the prosecution of such enterprise," It may appoint...

...by the proceedings may answer such petition and show cause against granting the prayer of the same, and may disprove any of the facts alleged in it. The...petition, it shall make an order for the appointment of three disinterested and competent freeholders who reside in the county where the premises are to be...

...imposes upon the defendant, who denies the facts of the petition, the burden of proof, and provides that the court " shall hear the proofs and allegations...of the parties, and if no sufficient cause is shown " it shall order the condemnation. Held, that said " proof " could only be made by legal evidence,...

...the railroad corporation is entitled to take the whole or any part of the land sought to be acquired, and if no sufficient cause is' shown against granting the prayer of the petition, shall make an order appointing" commissioners "to ascertain and appraise the compensation to be made...