Legal Opinion

Pearsall v. Commissioners of Highways

New York Supreme Court

Decided May 15, 1837PublishedCited by 3 opinions

Certiorari. This was a certiorari directed to a justice of the peace of the county of Queens, to bring up certain proceedings had before him on an inquiry as to an encroachment upon a highway and public landing in the county of Queens.

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Certiorari. This was a certiorari directed to a justice of the peace of the county of Queens, to bring up certain proceedings had before him on an inquiry as to an encroachment upon a highway and public landing in the county of Queens. The justice returned, that on the application of the com ■ missioners he issued a precept for a jury to inquire into the alleged encroachment, that the jury appeared, were sworn, heard the proofs [16] adduced before them, and not being able to agree upon a verdict, he discharged them, and subsequently caused a second jury to be summoned. That on the day…

1Opinion of the Court

By the Court,

Cowen, J.

The proceedings here correspond substantially with those prescribed in the 103d to 108th sections of the general highway act (1 R. S. 521-2). It is said by the counsel for the plaintiff in error, to differ in requiring the justice to draw out, by lot, six persons free from all exceptions', whereas under the general act, he is to swear the jury, whoever they shall be, that have been summoned by the constable. It is conceded that a certiorari will not lie to remove such a proceeding under [17] the general act, because the duties of the justice are merely ministerial ; but…

2Cases cited1 opinion

  1. Pugsley v. AndersonNew York Supreme Court · 1830

3Cited by3 opinions

  1. Sinclair v. Board of County CommissionersSupreme Court of Minnesota · 1877
  2. State ex rel. Wiesmann v. KemenWisconsin Supreme Court · 1884
  3. In re Mount Morris SquareNew York Supreme Court · 1841

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