Mitchell v. Halsey
New York Supreme Court
Encroachment on highways. Mitchell, conceiving himself aggrieved by the finding of a jury that he had encroached upon a highway, sued out two writs of certiorari, to remove the proceedings into this court; one directed to the justice who issued the process for the summoning of the jury, and the other to the Trustees of the village of Sag Harbor, at whose instance the jury had been summoned—to each of which writs, returns were made.
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Encroachment on highways. Mitchell, conceiving himself aggrieved by the finding of a jury that he had encroached upon a highway, sued out two writs of certiorari, to remove the proceedings into this court; one directed to the justice who issued the process for the summoning of the jury, and the other to the Trustees of the village of Sag Harbor, at whose instance the jury had been summoned—to each of which writs, returns were made. The counsel for the party suing out the writ of certiorari, urged that the proceedings ought to be quashed on the following grounds: 1. That the trustees of the…
1Opinion of the Court
By the fiourt,
Nelson, J.
An act of the legislature was passed in 1819, (session laws of 1819, p. 46,) vesting certain powers in the freeholders and inhabitants of the “ port of Sag Harbor,” describing it by metes and bounds. They were authorized to choose trustees, in whom certain powers-were vested ; and, among others, the powers of commissioners of highways of the towns of Bast andSouth Hampton, within the district created by the act. By the 13th section, the territory including the port was constituted a road district, to be exempt from the control of the commissioners of highways of the…
2Cases cited2 opinions
- Ontario Bank v. BunnellNew York Supreme Court · 1833
- Whitney v. JohnsonNew York Supreme Court · 1834
3Cited by7 opinions
- Reynolds v. BowenIndiana Supreme Court · 1894
- In the Matter of the EvergreensNew York Court of Appeals · 1872
- Hickok v. TrusteesNew York Supreme Court · 1853
- Hickok v. TrusteesNew York Supreme Court · 1853
- Ex Parte Trustees of Sagg-Harbor v. SupervisorsNew York Supreme Court · 1841
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