People ex rel. Olmsted v. Board of Supervisors
New York Supreme Court
Demurrer to the defendants’ return to a writ of alternative mandamus. The writ recited that prior to the month of April, in the year 1847, an application was made, pursuant to the statute, to lay out a public road through lands belonging to Silas Olmsted in the town of Greenburgh in the county of Westchester ; that legal proceedings were had thereon, pursuant to the statute, and the commissioners of highways, upon the oath of twelve freeholders, determined to lay out said…
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Demurrer to the defendants’ return to a writ of alternative mandamus. The writ recited that prior to the month of April, in the year 1847, an application was made, pursuant to the statute, to lay out a public road through lands belonging to Silas Olmsted in the town of Greenburgh in the county of Westchester ; that legal proceedings were had thereon, pursuant to the statute, and the commissioners of highways, upon the oath of twelve freeholders, determined to lay out said road or highway, and on the 3d day of April, 1847, made and subscribed an order laying out said road, pursuant to the…
1Opinion of the CourtS. B. Strong, J.
The objection raised by the counsel for the defendants on the argument, that the relator lost any remedy to which he might have been entitled had he exercised proper diligence, by the lapse of time which intervened between the rejection of his claim by the defendants, and his application to this court for an alternative mandamus, is untenable. There is no statutory limitation of the time within which such prerogative writs may be obtained in this state ; nor was there any in England, previous to the 32d Geo. 3, ch. 58. Before the passage of that act, however, the court of king’s bench…
2Cases cited2 opinions
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- People ex rel. Beach v. Seneca Common PleasNew York Supreme Court · 1829
3Cited by15 opinions
- Barnes v. GlideCalifornia Supreme Court · 1897
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
- People ex rel. Lorillard v. SupervisorsNew York Supreme Court · 1853
- Jones v. Board of Police CommissionersCalifornia Supreme Court · 1903
- People ex rel. Byrne v. FrenchNew York Supreme Court · 1883
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