Ex parte Rogers
New York Supreme Court
moved, at the last May term, for a mandamus to the acting canal commissioners, Messrs. *Samuel Young, Henry Seymour and William 0. Bouck, ~commanding them to pay over a sum of money assessed as damages sustained by the relators, in flowing their lands by means of a dam across the Hudson river, to feed. the Ohamplain canal: or that a mandamus issne to Mr. Young, commanding him to sit with his co-appraisers, if this court should think the assessment imperfect by reason of his…
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moved, at the last May term, for a mandamus to the acting canal commissioners, Messrs. *Samuel Young, Henry Seymour and William 0. Bouck, ~commanding them to pay over a sum of money assessed as damages sustained by the relators, in flowing their lands by means of a dam across the Hudson river, to feed. the Ohamplain canal: or that a mandamus issne to Mr. Young, commanding him to sit with his co-appraisers, if this court should think the assessment imperfect by reason of his attempt to prevent it. The counsel read affidavits showing that Mr. Young, one of the canal commissioners, with. Messrs.…
1Opinion of the Court
Curia.
We have looked into the various statutes cited *529by the counsel for the relators; and find that the canal commissioners are the persons whose duty it becomes to pay assessments of damages occasioned by either of the canals, when such assessments are regularly made. No change has taken place in this respect since the statute of 1817 ;• though several alterations have been made by the legislature, from time to time, as to the persons who were to make the appraisal. First, the appraisal was by commissioners under the appointment of this coprt; then by the canal commissioners; and finally by…
2Cases cited3 opinions
- Green v. MillerNew York Supreme Court · 1810
- M'Inroy v. BenedictNew York Supreme Court · 1814
- Orvis v. ThompsonNew York Supreme Court · 1806
3Cited by27 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1908
- People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
- People v. CoghillCalifornia Supreme Court · 1874
- First National Bank v. Town of Mount TaborSupreme Court of Vermont · 1879
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