In re Constant Webster
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Constant Webster- and others, as commissioners of highways of the town of Chatham, Columbia county, H. Y.,. from an order-of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Columbia on the 20th day of April, 1904, confirming the report of a referee.
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Appeal by the petitioners, Constant Webster- and others, as commissioners of highways of the town of Chatham, Columbia county, H. Y.,. from an order-of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Columbia on the 20th day of April, 1904, confirming the report of a referee. The order appealed from confirms the report, of a referee appointed to take testimony and report the same, together with his opinion thereon, to the court. The proceeding is one instituted under section 136 of the Highway Law (Laws of 1890, chap. 568) by the…
1Opinion of the Court
Chester, J.:
By chapter 91 of the Laws of 1818 the town of Ghent was formed from parts of the towns of Claverack, Kinderhook and Chatham. The 5th section of that chapter contained the following provision: “ And be it further enacted that it shall be the duty of the board of supervisors of the' county of Columbia at their *362next session to appoint three respectable freeholders béing respectively inhabitants of the said county not residing in either of the said towns of Kinderhook, Claverack and Chatham, or the town hereby erected, whose duty it shall be to examine into the number, state and…
2Cases cited2 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- In re the Application of Constant WebsterAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by5 opinions
- Vanadium Corp. v. Fidelity & Deposit Co. of MarylandCourt of Appeals for the Second Circuit · 1947
- Layton v. KraftAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Estate of WhalenNew York Surrogate's Court · 1932
- Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
- In re the Estate of SamelsonNew York Surrogate's Court · 1963