People Ex Rel. Odle v. . Kniskern
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming, upon writ of certiorari, the proceedings of referees in laying out a highway. On the 9th day of January, 1864, one Forman Fiver, a resident, landowner and tax-payer in the town of Copake, Columbia county, made application to the commissioner of highways of said town for the laying out of a road therein through the lands of Abram Odie, among others.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial district, affirming, upon writ of certiorari, the proceedings of referees in laying out a highway. On the 9th day of January, 1864, one Forman Fiver, a resident, landowner and tax-payer in the town of Copake, Columbia county, made application to the commissioner of highways of said town for the laying out of a road therein through the lands of Abram Odie, among others. A jury of freeholders of said town was convened, who, on the 18th day of January, 1864, certified that said highway was necessary and proper.…
1Opinion of the Court
Reynolds, C.
The order appointing the referees was not void for the reason, that it embraced both appeals from the conflicting determinations of the two commissioners of highways—the one refusing and the other ordering the road to be laid out upon the same certificate of the freeholders. It related to the same road and the same controversy, and it is quite impossible to perceive how the union of the,two appeals in one order of reference could, in the very remotest degree, prejudice the rights of anybody concerned.
It may be assumed that the certificate of twelve freeholders, obtained according…
2Cited by8 opinions
- Schneider v. . City of RochesterNew York Court of Appeals · 1899
- Hull v. Chicago Burlington & Quincy RailroadNebraska Supreme Court · 1887
- Williams v. MonroeSupreme Court of Missouri · 1894
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
- Leonard v. SparksMissouri Court of Appeals · 1890
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