Woolsey v. Tompkins
New York Supreme Court
Error, on certiorari. The plaintiffs, commissioners of highways, of the town of Bedford, sued out a common law certiorari, calling upon the defendants, three of the judges of the county of Westchester, to send up for review, the proceedings had by them in reversing an order of the commissioners refusing to lay out a road, and in themselves laying out a road upon the original application made to the commissioners.
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Error, on certiorari. The plaintiffs, commissioners of highways, of the town of Bedford, sued out a common law certiorari, calling upon the defendants, three of the judges of the county of Westchester, to send up for review, the proceedings had by them in reversing an order of the commissioners refusing to lay out a road, and in themselves laying out a road upon the original application made to the commissioners. The judges retained the proceedings had previous to the appeal made to them ; they then state the appeal, that they appointed a time and place for the hearing thereof, that they met…
1Opinion of the Court
Nelson, Ch. J.
By the Court, It abundantly appears from the return that the three judges met and deliberated upon the proceedings had under the appeal, and the decision, therefore, of the two is valid, and binding. It has been decided by this court, as a general principle, that where an authority is conferred upon three, a majority may act. Although the written order or determination, does not recite that the third was present and participated in the proceeding, or had notice and refused, the court will presume the fact, till the contrary is shown. 17 Johns. R. 461. 9 Wendell, 17.
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2Cases cited1 opinion
- McCoy v. CurticeNew York Supreme Court · 1832
3Cited by12 opinions
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- Keeler v. Frost & WordenNew York Supreme Court · 1856
- United States v. LengDistrict Court, S.D. New York · 1883
- Tucker v. RankinNew York Supreme Court · 1853
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