Legal Opinion

People Ex Rel. Conway v. Board of Supervisors

New York Court of Appeals

Decided January 16, 1877PublishedCited by 37 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, on a demurrer to a return to an alternative writ of mandamus, denying a peremptory writ and dismissing the alternative writ.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant, on a demurrer to a return to an alternative writ of mandamus, denying a peremptory writ and dismissing the alternative writ. (Eeported below, 6 Hun, 572.) The alternative writ recited, in substance, that the commissioners of highways of the towns of Geneseo and Leicester, in the county of Livingston, entered into a contract with James Conway, the relator’s assignor, for the construction of a bridge over the Genesee river, which divides the two towns;…

1Opinion of the CourtEarl, J.

James Conway, the assignor of the relator, constructed the bridge under a contract made with the commissioners of highways of the towns of Ceneseo and Leicester. The work was to be done under the direction and subject to the approval and acceptance of such commissioners. After Conway had constructed the bridge, the commissioners accepted the work and the public have since used the bridge. In September, 1870, in the case of Phelps v. Hawley and others commissioners of highways of the two towns (reported in 3 Lansing, 160), the Supreme Court decided that the towns were not bound to build or…

2Cases cited2 opinions

  1. People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
  2. Phelps v. . HawleyNew York Court of Appeals · 1873

3Cited by37 opinions

  1. People Ex Rel. Doscher v. . SissonNew York Court of Appeals · 1918
  2. Hayes v. County of Los AngelesCalifornia Supreme Court · 1893
  3. In re CooganNew York Supreme Court · 1899
  4. Brenner v. City of Los AngelesCalifornia Supreme Court · 1911
  5. People Ex Rel. Reynolds v. . Common CouncilNew York Court of Appeals · 1893

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