People ex rel. Scrafford v. Stedman
New York Supreme Court
Certiorari directed to the commissioners of highways of the town of O wego, Tioga county, ST. Y., to review an order made by said commissioners, January 14, 1889, laying out a highway in said town, on the application of John P. Holden, through the lands owned and occupied by John Scrafford, Sarah Scrafford, Mary A. Scrafford, and others.
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Certiorari directed to the commissioners of highways of the town of O wego, Tioga county, ST. Y., to review an order made by said commissioners, January 14, 1889, laying out a highway in said town, on the application of John P. Holden, through the lands owned and occupied by John Scrafford, Sarah Scrafford, Mary A. Scrafford, and others. November 24,1888, John P. Holden presented a written petition to the commissioners of highways, of the town of Owego, to lay out a highway through the lands of John Scrafford, Sarah Scrafford, and others. No notice was given by the petitioner to the…
1Opinion of the CourtHardin, P. J.
1. Defendants contend that the writ of certiorari should be quashed because the relators had the right to appeal from the order of the commissioners of highways laying out the road. Attention is called to the provisions of section 2122 of the Code of Civil Procedure. That section provides as-follows: “Except as otherwise expressly prescribed by a statute, a writ of certiorari cannot be issued in either of the following cases. * * * (2) Where the determination can be adequately reviewed by an appeal to a court, or to some other body or officer.” We are of the opinion that the proceedings…
Also in this document: Concurrence.
2Cases cited3 opinions
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
- People ex rel. Flint v. ClineNew York Supreme Court · 1856
- People ex rel. Lawrence v. SchellNew York Supreme Court · 1872
3Cited by1 opinion
- People ex rel. Bushnell v. NewellAppellate Division of the Supreme Court of the State of New York · 1909