Mohawk & Hudson Rail Road v. Artcher
New York Court of Chancery
This was an application by the defendant, M. Artcher, for the dissolution of an injunction. The bill alleged that the commissioners of highways of the town of Bethlehem, upon the application of the defendant, Artcher, had laid out and recorded a private road, or way, from a lot belonging to Artcher, across the ropes and fixtures of the inclined plain of the complainant’s rail way near its eastern termination at the city of Albany; and that the defendants were proceeding to…
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This was an application by the defendant, M. Artcher, for the dissolution of an injunction. The bill alleged that the commissioners of highways of the town of Bethlehem, upon the application of the defendant, Artcher, had laid out and recorded a private road, or way, from a lot belonging to Artcher, across the ropes and fixtures of the inclined plain of the complainant’s rail way near its eastern termination at the city of Albany; and that the defendants were proceeding to open and use the same, which would be wholly incompatible with the use of the inclined plane of the complainants, for the…
1Opinion of the Court
The Chancellor.
It is too late for the complainants to urge the objection here, that they had no sufficient legal notice of the time and place of the meeting of the jury of freeholders, as it appears they had actual notice, and their agent attended and was heard before the jury in opposition to the application. I am inclined to think that the complainants were entitled to a written notice of the time and place, and of the object of the meeting of the jury, at least six days before the time appointed for such meeting, by analogy to the forty ninth section of the title of the revised statutes…
2Cited by32 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Parker v. Winnipiseogee Lake Cotton & Woollen Co.Supreme Court of the United States · 1863
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Matter of City of BuffaloNew York Court of Appeals · 1877
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
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