People Ex Rel. Dann v. Williams
New York Court of Appeals
Appeal from the Supreme Court. — This was a common-law certiorari to review the proceedings of the Defendants for the removal of fenees of the relators, which were alleged to be encroachments on the public highway. On the 6th of July, 1857, complaint was made by one of the relators that the fenees on both sides encroached on the public highway.
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Appeal from the Supreme Court. — This was a common-law certiorari to review the proceedings of the Defendants for the removal of fenees of the relators, which were alleged to be encroachments on the public highway. On the 6th of July, 1857, complaint was made by one of the relators that the fenees on both sides encroached on the public highway. The commissioners toot no action upon the matter that year, but on the 28th of May, 1858, two of them made an order that the highway should be opened to its alleged original width of four rods, and declared that they had made a resurvey defining its…
1Opinion of the CourtPorter, J.
The orders were made by two of the commissioners, without the concurrence of their associate in office'. They were void, unless it appears upon their face that they were made in conformity with the following provisions of the statute: “ Any two commissioners of highways, of any town, may make any order, in execution of the powers conferred in this title; provided it shall appear in the order filed by them, that all the commissioners of highways of the town met and deliberated on the subject embraced in such order, or were duly notified to attend a meeting of the commissioners' for the purpose…
2Cases cited1 opinion
- Fitch v. Commissioners of HighwaysNew York Supreme Court · 1839
3Cited by4 opinions
- Matter of BakerNew York Court of Appeals · 1903
- In re Proving Several Papers as Last Wills & Testaments of MartinNew York Surrogate's Court · 1913
- Christy v. NewtonNew York Supreme Court · 1871
- Hills v. Peekskill Savings BankNew York Supreme Court · 1887