People v. Commissioners of Highways of City of Hudson
New York Supreme Court
Motion for a mandamus. A bridge over a stream called Abraham’s creek, in the county of Columbia, Which stream separates the city of Hudson from the town of Stuyvesant, having fallen down or become unsafe to pass and repass, the relator applied to this court for a mandamus commanding the commissioners of highways of Hudson and Stuyvesant to rebuild the same.
Read the full summary
Motion for a mandamus. A bridge over a stream called Abraham’s creek, in the county of Columbia, Which stream separates the city of Hudson from the town of Stuyvesant, having fallen down or become unsafe to pass and repass, the relator applied to this court for a mandamus commanding the commissioners of highways of Hudson and Stuyvesant to rebuild the same. An alternative mandamus was issued, to which the Commissioners made a return, and on the coming in thereof, the relator, instead of formally demurring or pleading to the return, elected to ask for a peremptory mandamus at a special term of…
1Opinion of the Court
*475 By the Court,
Nelson, J.
This is an application for a per- . qmptory mandamus against the defendants, to compel them to rebuild the bridge over Abraham’s creek, at Columbia.ville in the county of Columbia; which application is founded upon the return made by the defendants to an alternative man-damps heretofore issued.
A question was made upon the argument, whether the court would look beyond the return into the affidavits upon which the alternative mandamus was granted in deciding this motion. The statute, 2 R. S. 586, § 55, provides that when a, return shall be made to a mandamus, the person…
2Cited by26 opinions
- Browning v. City of SpringfieldIllinois Supreme Court · 1855
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- President of Waterford v. PeopleNew York Supreme Court · 1850
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
- Cheek v. StateSupreme Court of Alabama · 1862
21 more not listed; retrieve them via the Exa API.