In re Wood
Appellate Division of the Supreme Court of the State of New York
Bbaegument of an appeal by Jesse M. Cornell and another from an order of the County Court of Schoharie county, -entered in the office of the clerk of '■the county of .'Schoharie on the 14th day of February, 1905, denying the appellants’ motion to vacate and set aside an order granted on the 16th day of May,. 1904, appointing three' commissioners to determine the necessity of proposed highway alterations in the above-entitled proceeding, and also to vacate and set aside an…
Read the full summary
Bbaegument of an appeal by Jesse M. Cornell and another from an order of the County Court of Schoharie county, -entered in the office of the clerk of '■the county of .'Schoharie on the 14th day of February, 1905, denying the appellants’ motion to vacate and set aside an order granted on the 16th day of May,. 1904, appointing three' commissioners to determine the necessity of proposed highway alterations in the above-entitled proceeding, and also to vacate and set aside an order granted on the 3d day of September, 1904, confirming the decision of the said commissioners. ' The opinion of Mr.…
1Opinion of the Court
Cochrane, J.:
The commissioners to determine upon the necessity of the proposed highway alterations were appointed at a term of the Schoharie County Court, held in the village of Schoharie on the 16th day of May, 1904. Section 83 of the Highway Law provides that five days’ notice of the time and place of the application to: the'County Court for the appointment of such commissioners shall be given to the highway commissioner of the town. Such notice was not given, but the highway commissioner being apprised of the proposed application appeared by counsel in the County Court without objection,…
2Cases cited3 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- People ex rel. American Contracting & Dredging Co. v. WempleNew York Supreme Court · 1891
- People ex rel. the Commissioner of Highways v. ConnorNew York Supreme Court · 1866
3Cited by2 opinions
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1912
- In re Niel, New York County Courts1907