Legal Opinion

People ex rel. Hoyt v. Supervisors of Kings

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1836PublishedCited by 11 opinions

Error from the supreme court. A road was laid out in the county of Kings, under the “ act regulating highways and bridges in the counties of Suffolk, Queens and Kings,” passed 23d February, 1830. See 3 R. S. App. 135. Land belonging to the relator was taken for such road, and his damages were assessed by a jury at $1450, and a statement was duly laid before the board of supervisors of the verdict of the jury and of the charges and expenses of the laying out of the road, and…

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Error from the supreme court. A road was laid out in the county of Kings, under the “ act regulating highways and bridges in the counties of Suffolk, Queens and Kings,” passed 23d February, 1830. See 3 R. S. App. 135. Land belonging to the relator was taken for such road, and his damages were assessed by a jury at $1450, and a statement was duly laid before the board of supervisors of the verdict of the jury and of the charges and expenses of the laying out of the road, and the board was required to lay a tax upon the town of Brooklyn according to the requirements of the statute, to pay and…

1Opinion of the Court

After advisement, opinions were delivered by the Chancellor and Senators Edwards and Maison recommending a reversal of the judgment of the supreme court.

The Chancellor was of opinion from the course of legislation in reference to highways in the counties of Suffolk, Kings and Queens, from the earliest enactments on the subject, and particularly from the circumstances under which the act of 23d February, 1830, in reference to the highways in those counties was passed, as evidenced by legislative journals and documents, that the legislature did not intend that the provision of the general act…

2Cited by11 opinions

  1. Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. White v. ColeNew York Supreme Court · 1840
  3. State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1885
  4. Stoddard v. ButlerNew York Supreme Court · 1838
  5. Township of Marathon v. Township of OregonMichigan Supreme Court · 1860

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