People Ex Rel. Bristol v. . Nichols
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming, upon certiorari, the decision of the respondents, as referees appointed by the county judge of. the county of Erie, upon appeal from an order of the commissioners of highways of the town of Hamburgh, in that county, discontinuing a highway in that town.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming, upon certiorari, the decision of the respondents, as referees appointed by the county judge of. the county of Erie, upon appeal from an order of the commissioners of highways of the town of Hamburgh, in that county, discontinuing a highway in that town. Erom the return made by the respondents to the writ of certiorari it appeared that in September, 1867, six persons, representing themselves as “ taxable inhabitants ” of the town of Hamburgh, and acquainted with a certain highway therein…
1Opinion of the Court
Gray, C.
Several questions are raised by the counsel for the appellant, each of which he regards as involved in this case, and respectively of such merits as entitle his clients to a reversal of the judgment appealed from, each of which I will consider in its order. The first is that no jurisdiction was conferred upon the commissioner of highways to act in the premises. The application, instead of being made, in the language of the statute, by persons “ liable to be assessed for highway labor” in the town, was by the “taxable inhabitants” thereof. Without regard to the question whether the…
2Cases cited2 opinions
- People Ex Rel. Williams v. KingmanNew York Court of Appeals · 1862
- People Ex Rel. Aspinwall v. Supervisors of Richmond CountyNew York Court of Appeals · 1859
3Cited by1 opinion
- Scott v. LongwellMichigan Supreme Court · 1905