People ex rel. Seward v. Judges of Dutchess
New York Supreme Court
Common law certiorari to three judges of the county of Dutchess, to review their proceedings in laying out a highway. In October, 1838, an application in writing was made to the commissioners of highways of the town of Fishldll to lay out a highway, specifying the termini and the general route of the road.
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Common law certiorari to three judges of the county of Dutchess, to review their proceedings in laying out a highway. In October, 1838, an application in writing was made to the commissioners of highways of the town of Fishldll to lay out a highway, specifying the termini and the general route of the road. A jury of twelve freeholders certified on oath, that they had personally examined the route of the highway applied for, and heard all the reasons that -were offered for and against laying out the same, and that in their opinion the highway was necessary and proper. The commissioners met,…
1Opinion of the CourtBronson, J.
By the Court, The question about the orchard goes to the jurisdiction of the commissioners and judges. They cannot lay out a road through an orchard of the growth of four years or more, without the *361consent of the owner. 1 B. S. 514, § 57. Bat I am satisfied upon the evidence .returned that the road was not laid out through an orchard. The two apple trees which stood in the lane had formerly belonged to the orchard, but they had been separated from it by a fence for several years. The two trees stood in an open lane contiguous to the public highway ; they had not been trimmed, and no care had…
2Cases cited2 opinions
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Prindle v. AndersonNew York Supreme Court · 1838
3Cited by5 opinions
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Mullins v. . the PeopleNew York Court of Appeals · 1862
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- Snyder v. . PlassNew York Court of Appeals · 1863
- Town of Greenburg v. International Trust Co.Court of Appeals for the Second Circuit · 1899