Matter of Niland v. . Bowron
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial deparment, entered July 13, 1906, which dismissed a writ of certiorari brought to review the determination of the hoard of auditors of the town of New Castle in rejecting a bill presented by the relator for the building of a road in such town.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial deparment, entered July 13, 1906, which dismissed a writ of certiorari brought to review the determination of the hoard of auditors of the town of New Castle in rejecting a bill presented by the relator for the building of a road in such town. In March, 1902, a petition was presented to the County Court of Westchester county, by a taxpayer of the town of New Castle in that county, praying for the appointment of a commission to determine the necessity for a new highway in that town, pursuant to the…
1Opinion of the CourtWerner, J.
Our examination of the statutes which hear upon this controversy convinces us that the highway commissioner acted without authority in letting the contract to the relator for the construction of the road. The procedure provided by the statute for the determination of the necessity for a highway, which need not be set forth at length, does not confer authority upon a highway commissioner to pledge the town credit for the actual opening and construction of the road. The provisions of the statute covering the subject will be found in the Highway Law (L. 1890, cli. 568, §§ 83, 84-98), in force…
2Cases cited3 opinions
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- People Ex Rel. Morey v. Town Board of AuditNew York Court of Appeals · 1903
3Cited by10 opinions
- Fidelity & Casualty Co. v. Farmers National BankAppellate Division of the Supreme Court of the State of New York · 1937
- New York Inter-Urban Water Co. v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1918
- Dunn v. Town of WhitestownDistrict Court, N.D. New York · 1911
- Syrtel Building, Inc. v. City of SyracuseNew York Supreme Court · 1974
- Brehm v. State Roads CommissionCourt of Appeals of Maryland · 1939
5 more not listed; retrieve them via the Exa API.