Legal Opinion

Bradhurst v. The President and Directors of the First Great South Western Turnpike Road Co.

New York Supreme Court

Decided January 15, 1819PublishedCited by 3 opinions

AN act of the legislature was passed the 28th of March, * 1817, entitled, “ an act to amend the act incorporating the Never sink Turnpike Road Company, and for altering the name and style of the said company.”

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AN act of the legislature was passed the 28th of March, * 1817, entitled, “ an act to amend the act incorporating the Never sink Turnpike Road Company, and for altering the name and style of the said company.” (40th sess. ch. 134.) the first section of the act, the council of appointment was authorised to appoint three freeholders to make an equitable and proportionate assessment on such land, in the 1 e tti , a i,- , counties oi Ulster, bullivan, Delaware, and Broome, described in the act, as shall, in their judgment, be materially benefitted by making and finishing the said road, not…

1Per curiam

There can be no doubt of the power of this Court to cause these proceedings to be brought before them. It has been frequently decided, that when the legislature confer a power on any inferior tribunal, the exercise of which may affect the rights of person or property, notwithstanding their decision may be declared to be final, yet this Court, like that of the Court of K. B., has a general superintending control over its proceedings. (2 Caines, 179. 182.) Nor can there be any doubt of our power to grant a certiorari. The parties aggrieved have a right to that writ; and if asked for, we could…

2Cases cited2 opinions

  1. Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
  2. In re FitzgeraldNew York Supreme Court · 1805

3Cited by3 opinions

  1. Willis v. . the PeopleNew York Court of Appeals · 1865
  2. People ex rel. Brink v. WayAppellate Division of the Supreme Court of the State of New York · 1904
  3. People ex rel. Doscher v. SissonNew York Supreme Court · 1917

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