Town of Guilford v. Cornell
New York Supreme Court
This was an appeal from a judgment rendered at a special term, on a demurrer to the answer of Cornell and Clark, two of the defendants.
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This was an appeal from a judgment rendered at a special term, on a demurrer to the answer of Cornell and Clark, two of the defendants. By an act of the legislature, passed on the 5th day of February, 1852, the county judge of Chenango county was required to appoint three commissioners, whose duty it should be to take proof and determine the amount of the costs and expenses that had been incurred by said Cornell and Clark, late commissioners of highways of the town of Guilford in said county, in prosecuting and defending certain suits with the Butternuts and Oxford Turnpike Company; and also…
1Opinion of the CourtCrippen, P. J.
The judgment given at special term, is founded entirely upon the invalidity of the act in question; the appeal therefore presents that question for review. If the law is valid and constitutional, then it follows that the judgment appealed from should be reversed.
It is unnecessary to cite authorities to show that the demurrer admits every material allegation in the answer, to be true. Before proceeding to examine the principal question presented by the appeal, it may be useful to advert to some of the facts which stand admitted by the demurrer. Cornell and Clark allege in their answer that…
2Cases cited4 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Thomas v. LelandNew York Supreme Court · 1840
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cornell & Clarke v. Butternutts & Oxford Turnpike Co.New York Supreme Court · 1841
3Cited by19 opinions
- Sears v. CottrellMichigan Supreme Court · 1858
- People v. LynchCalifornia Supreme Court · 1875
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
- State v. Board of CommissionersSupreme Court of Kansas · 1882
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