People ex rel. McFarland v. Commissioners of Highways
New York Supreme Court
Pleas, at the City-Hall of the city of New-York) before the Justices of the People of the state of New-York, of the Supreme Court of Judicature of the same People, of the term of May, in the year of our Lord, one thousand eight hundred and twenty.
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Pleas, at the City-Hall of the city of New-York) before the Justices of the People of the state of New-York, of the Supreme Court of Judicature of the same People, of the term of May, in the year of our Lord, one thousand eight hundred and twenty. State of New-York, Albany County, ss.— The People of the state of New-York, sent to Asa Fitch, Jonathan Wood and Nathaniel Hall, Esquires, three of the Judges of the Court of Common Pleas of the county of Washington, their writ close, in these words : “ The People of the state of New-York, by the grace of God free and independent. To Asa Fitch,…
1Opinion of the Court
Curia.
The first objection was settled against the defendants, in Lawton et al. v. The Commissioners, &c. of Cambridge, (2 Caine's Rep. 178.) The case of The People, ex. rel. Shaut, v. Compton et al. (16 John. Rep. 61,) decides, that the Judges may themselves lay out thti road. The-question as to their power of ordering this to be done by the Commissioners, and the propriety of a mandamus to compel a compliance, was before the Court in this very cause, at August term last, with the other questions now made, and they were then decided against the defendants. The Judges directed the road to be…
2Cases cited1 opinion
- People v. ChampionNew York Supreme Court · 1819
3Cited by4 opinions
- McConihe v. State, ex rel. McMurraySupreme Court of Florida · 1879
- People ex rel. Waters v. DiverNew York Supreme Court · 1879
- People ex rel. Wells v. BrownNew York Supreme Court · 1888
- People v. New York Central & Hudson River RailroadNew York Supreme Court · 1883