People ex rel. Taylor v. Turner
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Onondaga county. Certiorari by Charles E. Taylor and James E. Allen to review the determination of Henry E. Turner, county judge of Lewis county, and others, in relation to the laying out of a highway. From an order denying a motion by defendants to dismiss the writ, defendants appeal. Reversed.
1Opinion of the CourtAdams, J.
This court has very recently had occasion to hold that the decision of a county court confirming the report of commissioners appointed to lay out a highway, under the provisions of chapter 568 of the Laws of 1890, and the amendments thereto, is final, and cannot be reviewed by a writ of certiorari. People v. Onondaga County Court, 4 App. Div. 542, 38 N. Y. Supp. 920., The relators in this action endeavor to evade this decision by claiming that the proceeding is one which was instituted under section 96, instead of section 83, of the highway law. But we are unable to perceive the force of this…
2Cases cited2 opinions
- People ex rel. Hanford v. ThayerNew York Supreme Court · 1895
- People ex rel. Delaware, Lackawanna & Western Railroad v. County CourtAppellate Division of the Supreme Court of the State of New York · 1896