President & Trustees v. Patchen
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The trustees of the village of Brooklyn laid out a street, and appropriated to that object certain lands belonging to one Jacob Patchen. The proceedings of the trustees were consummated in the court of common pleas of the county of Kings, who rendered judgment in favor of Patchen for the amount at which his damages had been assessed by a jury.
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Error from the supreme court. The trustees of the village of Brooklyn laid out a street, and appropriated to that object certain lands belonging to one Jacob Patchen. The proceedings of the trustees were consummated in the court of common pleas of the county of Kings, who rendered judgment in favor of Patchen for the amount at which his damages had been assessed by a jury. Patchen being dissatisfied with such amount, sued out a certiorari, removing the procedings into the supreme court, and there assigned various errors committed in the course of the proceedings. The supreme court reversed…
1Opinion of the Court
The following opinions Were delivered:
By the Chancellor.
The statute under which the proceedings in this case were had, is so obscurely drawn that it is somewhat difficult to decide what powers Were intended to be given to the trustees as to laying out new streets, without the consent of the owners of the land to be taken for that purpose, I think, however, that it was not intended by the 5th section of the act of the 9th of April, 1824, to grant such power in cases not coming within the provisions of the general statute relative to the laying out public highways. For the purpose of…
2Cases cited1 opinion
- People ex rel. Oebricks v. Superior CourtNew York Supreme Court · 1830
3Cited by17 opinions
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Striker v. KellyNew York Supreme Court · 1845
- Newby v. Platte CountySupreme Court of Missouri · 1857
- In re Extradition of WadgeDistrict Court, S.D. New York · 1883
- Earnshaw v. United StatesSupreme Court of the United States · 1892
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