People ex rel. Walker v. Baker
New York Supreme Court
THIS was a certiorari to remove proceedings had before the defendants as referees, appointed by the county judge of Chautauque county to hear and determine an appeal of B. Y. Partridge and others from an order of the commissioners of highways of the town of Grerry, laying out a public highway in said town. The highway was laid through inclosed lands, and twelve freeholders had certified to its necessity.
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THIS was a certiorari to remove proceedings had before the defendants as referees, appointed by the county judge of Chautauque county to hear and determine an appeal of B. Y. Partridge and others from an order of the commissioners of highways of the town of Grerry, laying out a public highway in said town. The highway was laid through inclosed lands, and twelve freeholders had certified to its necessity. The ' appeal was brought for the purpose of reversing the order of the commissioners of highways, in toto ; but the referees appointed by the county judge affirmed the order in part, and…
1Opinion of the Court
By the Court,
Greene, J.
This case presents the question whether referees appointed by the county judge, under § 8 of ch. 455 of the laws of 1847, (vol. 2, p. 586,) to hear and determine an appeal brought under that section from the determination of commissioners of highways, in a proceeding to lay out a highway, can, on the hearing of such appeal, reverse the decision of the commissioners in part, and affirm it as to the residue. The relator relies upon the case of The Commissioners of Highways of Sherburne v. The Judges of Chenango, (25 Wend. 453,) in which it was held that while the…
2Cases cited1 opinion
- Commissioners of Highways of Sherburne v. Judges of ChenangoNew York Supreme Court · 1841
3Cited by1 opinion
- King v. ReedNew York Supreme Court · 1890