Matter of Baker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1901, which affirmed an order of the Washington County Court confirming .the report of commissioners in proceedings to lay out a highway and-determine the damages that should be assessed therefor. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 22, 1901, which affirmed an order of the Washington County Court confirming .the report of commissioners in proceedings to lay out a highway and-determine the damages that should be assessed therefor. The facts, so far as material, are stated in the opinion. The order appealed from should be reversed because it did not appear in the order appointing the commissioners or in the proceedings at any stage that the commissioners appointed were disinterested freeholders. That was a…
1Opinion of the CourtHaight, J.
It is contended on behalf of the commissioners of highways that the order appealed from should be reversed, because it did not appear in the order appointing the commissioners or in the proceedings that the commissioners appointed were disinterested freeholders.
These proceedings were instituted by Samuel D. Baker and William E. Doig, who were residents of and liable to be assessed for highway labor in the town of Fort Edward, by first serving a written application upon the commissioners of highways, of the town to alter find discontinue a highway, describing it, and to lay out a new highway.…
2Cases cited12 opinions
- Comstock v. CrawfordSupreme Court of the United States · 1866
- Frees v. . FordNew York Court of Appeals · 1852
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Sheldon v. . WrightNew York Court of Appeals · 1851
- Thomas v. . HarmonNew York Court of Appeals · 1890
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3Cited by11 opinions
- Matter of City of RochesterNew York Court of Appeals · 1913
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1905
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- In re McFaddenAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Grade Crossing CommissionersNew York Supreme Court · 1910
6 more not listed; retrieve them via the Exa API.