People Ex Rel. Miller v. . Griswold
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, directing the issuing of a writ of peremptory mandamus commanding defendant, as commissioner of highways, of the town of Sheridan, Chautauqua county, to open and work a highway previously laid out by the commissioner of highways of said town.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, directing the issuing of a writ of peremptory mandamus commanding defendant, as commissioner of highways, of the town of Sheridan, Chautauqua county, to open and work a highway previously laid out by the commissioner of highways of said town. It appeared that on June 25, 1870, an order was regularly-made and filed by William D. Strong, the then commissioner of said town, laying out said highway. Commissioners were appointed, and the damages duly assessed. Ho…
1Opinion of the CourtFolgeb, J.
The Revised Statutes give to commissioners of highways the power to lay out new roads, and to discontinue old roads. (1 R. S., 502, § 2.) They prescribe the facts which must exist, and the proceedings which must be taken, to exercise this power. (Id. 513, §§ 54, 55; p. 517 §§ 81, 82.) The predecessor of the appellant lawfully exercised his power, and the road in question became a new road laid out, though never travelled upon, worked or opened; for the statutes distinguish between a road laid out, and a road opened, worked and used. (Id., p. 515, § 64.) The appellant, in his effort to…
2Cited by8 opinions
- In re Board of Street Opening & Improvement of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. De Groat v. MarlettNew York Supreme Court · 1903
- Miller v. Township of OakwoodNorth Dakota Supreme Court · 1900
- In re McFaddenAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Opening of Beck StreetNew York Supreme Court · 1897
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