People Ex Rel. Cook v. . Hildreth
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department made May 13, 1889, which affirmed an order of defendants as commissioners of highways laying out a highway and quashed a writ of certiorari to review said order. The facts, so far a material, are stated in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the second judicial department made May 13, 1889, which affirmed an order of defendants as commissioners of highways laying out a highway and quashed a writ of certiorari to review said order. The facts, so far a material, are stated in the opinion. The decision of the court that a variance of a route of a proposed public road hy the highway commissioners, 200 feet at one end and 1,000 feet at the other, from that applied for, is not an unlawful variance exceeding such officers’ jurisdiction, and that the time during which the…
1Opinion of the CourtAndrews, J.
Section 2125 of the Code of Civil Procedure-requires that a writ of certiorari to review a determination must be granted and served within four calendar months after the determination becomes binding upon the relator, or the person whom he represents, except where the relator or his representative is under some one or more of the disabilities-specified in section 2126.
The determination of the commissioners laying out the highway sought to be reviewed by the certiorari in this case was made, recorded and posted April 30, 1887. The writ of certiorari was not issued until April 24, 1888, and not…
2Cases cited3 opinions
- Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
- Clark v. PhelpsNew York Supreme Court · 1825
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
3Cited by6 opinions
- Southern Oregon Co. v. Coos Co.Oregon Supreme Court · 1897
- People ex rel. Traphagen v. KingAppellate Division of the Supreme Court of the State of New York · 1897
- Hedberg v. DettlingWisconsin Supreme Court · 1929
- People ex rel. Devery v. MartinNew York Court of Common Pleas · 1895
- Dachs v. WardAppellate Division of the Supreme Court of the State of New York · 1932
1 more not listed; retrieve them via the Exa API.