Miller v. Brown
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme' Court in the second judicial department, in favor of defendant, entered upon an order affirming an order of Special Term denying a motion to set aside a nonsuit and for a new trial. This was an action of trespass upon lands situate in the town of Brookhaven, Suffolk county. The nature of the defence and the facts pertinent thereto appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme' Court in the second judicial department, in favor of defendant, entered upon an order affirming an order of Special Term denying a motion to set aside a nonsuit and for a new trial. This was an action of trespass upon lands situate in the town of Brookhaven, Suffolk county. The nature of the defence and the facts pertinent thereto appear sufficiently in the opinion. Nothing but an agreement with the proprietor could give the commissioners jurisdiction to lay out the road. (Fowler v. Mott, 19 Barb., 204, 220.) The commissioners are not…
1Opinion of the CourtAndrews, J.
The defendant justified his entry upon the land of the plaintiff upon the ground that the locus in quo was a public highway, and to establish its existence, produced from the town clerk’s office, of the town of Brookhaven, a record purporting to have been made by two commissioners of highways of that town, in 1799, of the alteration of a road or highway, extending from the town road across the premises now owned by the plaintiff to the Sound; and laying out a new road over the same premises, on a new line for a part of the distance, intersecting the old road near the Sound, and thence…
2Cases cited3 opinions
- Dakin v. HudsonNew York Supreme Court · 1826
- Whitney v. ShufeltCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wheeler v. TownsendNew York Supreme Court · 1829