People ex rel. Stockwell v. Talmage
New York Supreme Court
Certiorari to review proceedings of referees on an appeal from an order of tbe commissioner of highways refusing to alter a highway in the town of Ira, county of Cayuga. The defendants, who were by the county judge of that county appointed as referees to hear and determine such appeal, reversed by the decision of a majority of them the order of the commissioner. The writ was directed to the referees only; and the case is heard upon their return.
1Opinion of the Court
Bradley, J.:
It appears by the return to the writ that the referees met at a time and place appointed; that the appellant and the commissioner appeared and gave proofs, and after they were closed and the matter submitted, all the referees deliberated together and two of them united in a decision reversing the order of the commissioner, in which the other referee did not join. The testimony of witnesses taken on the hearing is not set out in the return. The relator seeks to raise questions going to the jurisdiction and regularity of the proceedings taken upon the application to the…
2Cases cited9 opinions
- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
- The People v. . WheelerNew York Court of Appeals · 1860
- Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
- People Ex Rel. Odle v. . KniskernNew York Court of Appeals · 1873
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
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