People ex rel. the Commissioner of Highways v. Connor
New York Supreme Court
CBETIOEABI to Alexander Arnold, Nathaniel B. Chase and Simeon Wagner, referees appointed by the county judge of Steuben county, upon an appeal by the defendants to said county judge, from the determination of the relator, as commissioner of highways of the town of Cohocton, made on the 8th day of August, 1864, in laying out a highway in said town, under section 123 of title 1 of chapter 16 of part 1st of the Bevised Statutes, (2 B. 8. 5th.ed. 403,) as amended in 1847. (Laws…
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CBETIOEABI to Alexander Arnold, Nathaniel B. Chase and Simeon Wagner, referees appointed by the county judge of Steuben county, upon an appeal by the defendants to said county judge, from the determination of the relator, as commissioner of highways of the town of Cohocton, made on the 8th day of August, 1864, in laying out a highway in said town, under section 123 of title 1 of chapter 16 of part 1st of the Bevised Statutes, (2 B. 8. 5th.ed. 403,) as amended in 1847. (Laws of 1847, ch. 455, § 8.) The certiorari commanded the referees to certify and return the said appeal, with all the papers…
1Opinion of the Court
By the Court, Welles, J.
There was no waiver by any of the parties, of the oath of the referees which they were required by the statute to take before proceeding to hear the appeal. It does not appear that either the relator, the applicants for the road, or the defendants, knew whether the referees had been sworn as the statute requires, or not. (2 R. S. 5th cd. 403, 404, § 123, last clause.) It was the duty of the *336referees to be sworn, before proceeding to hear the appeal, and the parties had a right to presume they had performed that duty; and can not he charged with notice of their neglect…
2Cases cited1 opinion
- Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by9 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Robertson v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1882
- People ex rel. American Contracting & Dredging Co. v. WempleNew York Supreme Court · 1891
- Soltau v. Goodyear Vulcanite Co.New York Court of Common Pleas · 1895
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1912
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