Parker v. Van Houten
New York Supreme Court
Error from the Onondaga common pleas. Van Houten and two others, commissioners of highways of the town of Marcellas, sued Parker in a justices court, for obstructing a highway, by the erection of a fence across it; they declared in debt, claiming Jive dollars as a penalty, given by statute, for the obstructing of a highway.
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Error from the Onondaga common pleas. Van Houten and two others, commissioners of highways of the town of Marcellas, sued Parker in a justices court, for obstructing a highway, by the erection of a fence across it; they declared in debt, claiming Jive dollars as a penalty, given by statute, for the obstructing of a highway. The defendant pleaded title to the locus in quo, and entered into a recognizance to put in special bail, if the plaintiffs should commence a suit against him at the next court of common pleas. The justice received the plea and recognizance, countersigned the plea, and…
1Opinion of the Court
By the Court,
Nelson, J.
The evidence warranted the verdict of the jury. The commissioners of highways having in 1821 caused a survey of the road to be filed and recorded, the existence of the road as a public highway was fully established, and whatever irregularity may have happened in the laying out of the road, the acts and doings of the commissioners are confirmed by the statute on the subject of highways, 1 R. S. 520, § 98, 521, § 100, by which all roads or highways laid out by commissioners since 31st December, 1805-, and prior to 14th April, 1826, are confirmed, provided such…
2Cited by10 opinions
- Wiggins v. TallmadgeNew York Supreme Court · 1851
- Little v. . DennNew York Court of Appeals · 1866
- Chapman v. GatesNew York Supreme Court · 1866
- Hering v. Town of CanandaiguaNew York Supreme Court · 1966
- State v. DoaneWisconsin Supreme Court · 1861
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