Rector v. Clark
New York Supreme Court
Aiu-bal from a judgment in favor of tbe plaintiff, entered upon tbe verdict of a jury. Tbe defendants were appointed referees to bear an appeal from an order of tbe commissioner of highways, in and for tbe town of Benton, Tates county, wherein tbe plaintiff was appellant. Tbe referees affirmed tbe order of said commissioners. A writ of certiorari was granted by this court, to which the referees made return.
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Aiu-bal from a judgment in favor of tbe plaintiff, entered upon tbe verdict of a jury. Tbe defendants were appointed referees to bear an appeal from an order of tbe commissioner of highways, in and for tbe town of Benton, Tates county, wherein tbe plaintiff was appellant. Tbe referees affirmed tbe order of said commissioners. A writ of certiorari was granted by this court, to which the referees made return. This court approved of tbe proceedings of said referees and quashed said writ. Tbe plaintiff thereafter brought this action, alleging that tbe return to said writ was false, and that by…
1Opinion of the Court
Taxcott, J.:
This is an appeal from a judgment entered for tbe plaintiff on a verdict at tbe Yates County Circuit.
Tbe action is to recover damages for a false return made by tbe appellants to a writ of certiorari issued out of this court and directed to tbe town clerk of tbe town of Benton, in Yates county, and to tbe defendants as referees appointed by tbe county judge of Yates county, on tbe appeal of tbe plaintiff from tbe decision of *191the commissioner of highways of said town, ordering the alteration of a highway. The alleged falsity of the return in question consists in this, that the…
2Cases cited5 opinions
- Commissioners of Highways of Carmel v. Judges of the County Courts of PutnamNew York Supreme Court · 1831
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
- Millard v. JenkinsNew York Supreme Court · 1832
- Ford v. SmithNew York Supreme Court · 1828
- Commissioners of Highways v. MeseroleNew York Supreme Court · 1833