People ex rel. Failing v. Commissioners of Highways
New York Supreme Court
APPEAL by the defendants from an order made at a special term, directing a peremptory mandamus, to the commissioners of highways of the town of Palatine, in the county of Montgomery, commanding them, forthwith, to reduce a certain highway in said town, from’ the width of four rods, to the width of three rods, under the provisions of an act of the legislature, passed May 7,' 1868., chapter 687, entitled “ An act to regulate a road in the town of Palatine, Montgomery county.”
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APPEAL by the defendants from an order made at a special term, directing a peremptory mandamus, to the commissioners of highways of the town of Palatine, in the county of Montgomery, commanding them, forthwith, to reduce a certain highway in said town, from’ the width of four rods, to the width of three rods, under the provisions of an act of the legislature, passed May 7,' 1868., chapter 687, entitled “ An act to regulate a road in the town of Palatine, Montgomery county.” The first section of this act directs the said commissioners to alter .and reduce to the width of three rods, the…
1Opinion of the Court
By the Court, Potter, J.
If the order made in this case can be legally reversed, a high sense of common justice demands its reversal. Legislative abuses, in disregard of private property, have become the standing reproach of *72the day. Important encroachments upon public and individual rights, in blind disguise, and with bold impunity of consequence, are smuggled through the legislature, by acts bearing most deceitful or mysterious titles, and so ingeniously devised as to ward off all suspicion or inquiry, or entirely to mislead parties interested, as to the object of the act, if perchance they…
2Cases cited1 opinion
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
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- Lucas v. Board of CommissionersIndiana Supreme Court · 1873
- The People v. . AllenNew York Court of Appeals · 1870
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