Bennett v. Ward
New York Supreme Court
ON certiorari to a justice’s court, in a suit under the 19th section* of the “ act to regulate highways,” by which it is ordained, that the penalty of ⅞>5, imposedfor obstructing roads, shall be recovered “ in the name of any person who shall “ make complaint thereof, before any justice of the peace of “ the county where the offence shall happen, upon the oath “ of one or more credible witnesses, and levied by distress “ and sale” &c. that by the return, it appeared, a…
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ON certiorari to a justice’s court, in a suit under the 19th section* of the “ act to regulate highways,” by which it is ordained, that the penalty of ⅞>5, imposedfor obstructing roads, shall be recovered “ in the name of any person who shall “ make complaint thereof, before any justice of the peace of “ the county where the offence shall happen, upon the oath “ of one or more credible witnesses, and levied by distress “ and sale” &c. that by the return, it appeared, a regular action of debt had been instituted, instead of the summary mode prescribed by the statute. This point, he said, had…
1Opinion of the Court
*260Per curiam, delivered by
Kent, C. J.
The suit below, was an action of debt, conducted according to the regulations of the ¿10 act, and was brought to recover the penalty or forfeiture of f>5, under the 19th section of the act to regulate highways, which declares, that “ If any person shall obstruct “ any highway, &c. such person so offending, shall forfeit “ for every such offence, ⅜5, to be recovered, with costs of suit, in the name of any person who shall make complaint “ thereof before any justice of the peace fkc.upon the oath of “ one or more credible witnesses, and levied by distress and…
2Cited by6 opinions
- Colon v. LiskAppellate Division of the Supreme Court of the State of New York · 1897
- Dorenfield v. State of TexasTexas Supreme Court · 1934
- Gordon v. StateTexas Supreme Court · 1875
- Bouton v. NeilsonNew York Supreme Court · 1808
- Rue v. Sprague & ConsaulisNew York Supreme Court · 1806
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