People ex relat. Bush & Higby v. Collins
New York Supreme Court
STORES, for the plaintiffs, moved for a peremptory ■mandamus in this cause. An alternative mandamus was issued in February term, 1810, directed to the defendant, stating, that by the “ act relative to the duties and privileges of towns,” passed 7th March, 1801, and the “ act to regulate highways,” passed the 8th April, 1801, it was the duty of the defendant, as town clerk of Turin, to record all surveys of public highways laid out, established and described by actual survey,…
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STORES, for the plaintiffs, moved for a peremptory ■mandamus in this cause. An alternative mandamus was issued in February term, 1810, directed to the defendant, stating, that by the “ act relative to the duties and privileges of towns,” passed 7th March, 1801, and the “ act to regulate highways,” passed the 8th April, 1801, it was the duty of the defendant, as town clerk of Turin, to record all surveys of public highways laid out, established and described by actual survey, by the commissioners of highways in the town of Turin; that at the town meeting, held at Turin, in the county of Lewis,…
1Opinion of the Court
• Per Curiam.
The counsel in support of the motion for a peremptory mandamus, contends that the return is insufficient;
1. Because, Zaccheus Higby and Zaccheus Higby, junior, are the same person.
2. Because, the relators were commissioners de facto, and their acts, as such, good.
3. Because, the town-clerk is a mere ministerial officer, and has no right to try the validity of the election ®f the commissioners, in this way. :
These objections are well taken. The addition of junior is no part of the name of the commissioner. It is a mere description of the person, and intended only to designate…
2Cited by86 opinions
- State v. CarrollSupreme Court of Connecticut · 1871
- People v. CookNew York Supreme Court · 1852
- Shelby v. AlcornMississippi Supreme Court · 1858
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Padgett v. LawrenceNew York Court of Chancery · 1843
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