Chapman v. Gates
New York Supreme Court
ACTION to recover penalties of the defendant for obstructing a highway in the town of Big Flatts, in the county of Chemung. The action was commenced before a justice of the peace of Chemung county, where it was dismissed, by reason of the defendant denying the existence of the alleged highway and setting up as a defense that he was the owner in fee of the land where it was alleged the highway was.
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ACTION to recover penalties of the defendant for obstructing a highway in the town of Big Flatts, in the county of Chemung. The action was commenced before a justice of the peace of Chemung county, where it was dismissed, by reason of the defendant denying the existence of the alleged highway and setting up as a defense that he was the owner in fee of the land where it was alleged the highway was. The plaintiffs afterwards commenced the action, for the same causes, in this court, and the defendant interposéd. the same defenses he had set up before the justice of the peace. The action was…
1Opinion of the Court
By the Court, Balcom, J.
No question has been raised touching the regularity of the defendant’s proceedings since the trial, and I shall assume that the defendant has duly appealed from the order of the special term denying his motion for a new trial, and that the questions in the case and exceptions are properly before the general term.
■ The highway in question was laid otit by three of the judges of the court of common pleas of Chemung county, on the 15th day of May, 1845 ; and I am of the opinion the evidence shows it was regularly and legally laid out, and that no objection to any portion…
2Cases cited5 opinions
- Smith v. HelmerNew York Supreme Court · 1849
- Marble v. . WhitneyNew York Court of Appeals · 1863
- Parker v. Van HoutenNew York Supreme Court · 1831
- Case v. ThompsonNew York Supreme Court · 1831
- Sage v. BarnesNew York Supreme Court · 1812
3Cited by3 opinions
- Marvin v. PardeeNew York Supreme Court · 1872
- Folmsbee v. City of AmsterdamNew York Supreme Court · 1892
- Miner v. JudsonNew York Supreme Court · 1870