People ex rel. Edick v. Osborn
New York Supreme Court
Certiorari to remove the proceedings of judges in laying out a highway in the town of German Flatts, Herkimer county. The commissioners, on application, refused to lay out the road $ Jacob Bartlett and others appealed to the judges, who reversed the determination of the commissioners, and made an order laying out the road through the land of Michael Edick and others.
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Certiorari to remove the proceedings of judges in laying out a highway in the town of German Flatts, Herkimer county. The commissioners, on application, refused to lay out the road $ Jacob Bartlett and others appealed to the judges, who reversed the determination of the commissioners, and made an order laying out the road through the land of Michael Edick and others. The return states that the judges met on the 24th October, 1834, viewed the route of the road, and made an order in writing that the proceedings of the commissioners be reversed, and that the road be laid out pursuant to the…
1Opinion of the Court
By the court, Bronson, J.
The judges had no jurisdiction to proceed on the appeal, until a notice of eight days of the time and place of meeting had been served on the commissioners. 1 R. S. 518, § 87, 88. The notice should be in writing. Gilbert v. Columbia Turnpike Co., 1 Johns. Cas. 107. Although the notice need only be delivered to one of the commissioners, it is a notice to all; and the one who receives it should give information to the other commissioners. Had all or a majority of the commissioners met with the judges, it would, perhaps, be a sufficient answer to the objection | but it…
2Cases cited1 opinion
- Kenworthy v. HopkinsNew York Supreme Court · 1799
3Cited by7 opinions
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- People ex rel. Smith v. AllenAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Odle v. KniskernNew York Supreme Court · 1867
- People ex. rel. Crandall v. Board of SupervisorsNew York Supreme Court · 1869
- Terpening v. SmithNew York Supreme Court · 1863
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