Matter of Freeholders of Irondequoit
New York Court of Appeals
Appeal, by the commissioners of highways of the town of Penfield, Monroe county, from order of the General Term of the Supreme Court in the fourth judicial department affirming an order of Special Term in proceedings instituted under chapter 639, Laws of 1857. The facts sufficiently appear in the opinion. The Special Term had no authority or jurisdiction to make the order appealed from. (In re Pet.
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Appeal, by the commissioners of highways of the town of Penfield, Monroe county, from order of the General Term of the Supreme Court in the fourth judicial department affirming an order of Special Term in proceedings instituted under chapter 639, Laws of 1857. The facts sufficiently appear in the opinion. The Special Term had no authority or jurisdiction to make the order appealed from. (In re Pet. Freeholders, 59 N. Y., 316.) Whether the exact point of the town line was in the center of the bridge or not was of no consequence. (Laws of 1841, chap. 225; Laws of 1857, chap. 383; § 1; Lapham v.…
1Opinion of the CourtEarl, J.
It is provided by the act, chapter 639 of the Laws of 1857, that whenever any adjoining towns shall be liable to make or maintain any bridge over any stream dividing such towns, it shall be lawful for three freeholders in either of such towns, by a petition in writing, to apply to the commissioners of highways in each of suóh towns to build, rebuild, or repair such bridge; and if such commissioners shall refuse, such freeholders may apply to the Supreme Court at a special term thereof for an order requiring such commissioners to build, rebuild or repair such bridge ; and such court may upon…
2Cited by5 opinions
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