The People v. . Commissioners of Highways
New York Court of Appeals
This was a writ of error to the supreme court, brought upon a judgment awarding a peremptory mandamus, commanding the defendants to lay out and open a road in the town of Cherry Valley.
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This was a writ of error to the supreme court, brought upon a judgment awarding a peremptory mandamus, commanding the defendants to lay out and open a road in the town of Cherry Valley. The facts disclosed in the case which related to the questions here decided, were as follows: On the twentv-sixth of March, 1850, an alternative man-damns was issued, directed to the defendants, reciting that on the twenty-sixth of June, 1848, an application had in proper form been made to the commissioners of highways of Cherry Valley, to lay out and open a road, the courses and termini of which were set out:…
1Opinion of the CourtWillard, J.
The only question I shall discuss in this case, is whether the referees made such a decision as required the commissioners of highways of Cherry Valley, to lay out and oyen the road in question; as required by the judgment awarding the peremptory mandamus.
To determine this question it is necessary to understand the legislative requirements on this subject prior to the act of 1847. Under the revised statutes, (1 R. S. 518, § 84,) any person conceiving himself aggrieved by any determination the commissioners of highways, either in laying out, altering or discontinuing, or in refusing to lay…
2Cases cited1 opinion
- Commissioners of Highways of Sherburne v. Judges of ChenangoNew York Supreme Court · 1841
3Cited by3 opinions
- State ex rel. Rogers v. WheelerWisconsin Supreme Court · 1897
- Town of Greenburg v. International Trust Co.Court of Appeals for the Second Circuit · 1899
- People ex rel. Babcock v. Commissioners of HighwaysNew York Court of Appeals · 1853