People ex rel. Zimmer v. Barber
New York Supreme Court
Motion for peremptory mandamus. Application having been made to the defendants according to law, to lay out a road in the town of Wright, and the defendants having refused to lay out the road, the relators appealed from their determination to the county judge of Schoharie. Referees were thereupon appointed, in pursuance of the provisions of the act of December 14,1847, to hear and determine the appeal.
Read the full summary
Motion for peremptory mandamus. Application having been made to the defendants according to law, to lay out a road in the town of Wright, and the defendants having refused to lay out the road, the relators appealed from their determination to the county judge of Schoharie. Referees were thereupon appointed, in pursuance of the provisions of the act of December 14,1847, to hear and determine the appeal. The referees reversed the decision of the commissioners, and proceeded to lay out the road. The defendants having refused to open the road thus laid out by the referees, an alternative mandamus…
1Opinion of the CourtHarris, J.
Though the relators have succeeded upon the issues of fact, an important legal question is still undecided. The defendants contend that the referees, in proceeding to lay out the road, after reversing the order of the commissioners, transcended their authority. If this be so, they are, of Course, right in refusing to open the road. Their own proceedings would be illegal, if they were to attempt to do so.
The 8th section of the act of 1847, in relation to town officers, (Sess. L. of 1847, p. 584,) declares, that referees appointed for the purpose, and as the referees in this case were…
2Cases cited1 opinion
- People v. ChampionNew York Supreme Court · 1819
3Cited by2 opinions
- People ex rel. Odle v. KniskernNew York Supreme Court · 1867
- Terpening v. SmithNew York Supreme Court · 1863