People ex rel. Smith v. Taylor
New York Supreme Court
THIS is a common law certiorari, directed to the commissioners ■ of highways of the town of Shawangunk,. Ulster county, to reverse the order made by said commissioners, laying out a private road on the application of Daniel Tears, through the lands of John E. Smith. The principal point made on the part of the owner of the land is, that the application for the road does not state the “ location, courses and distances/’ as required by the statute.
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THIS is a common law certiorari, directed to the commissioners ■ of highways of the town of Shawangunk,. Ulster county, to reverse the order made by said commissioners, laying out a private road on the application of Daniel Tears, through the lands of John E. Smith. The principal point made on the part of the owner of the land is, that the application for the road does not state the “ location, courses and distances/’ as required by the statute. Several other points are made by the owner of the land, depending however on the one just stated. A further ground of error is alleged in this…
1Opinion of the Court
By the Court, Hogeboom, J.
Three objections are made to the validity of the proceedings in laying out the private road in question, which I will consider in their order.
1. It is objected that the statute requires that “ an application for a private road shall be made in writing, specifying its width and location, courses and distances,” (Laws of 1853, ch. 174, § 1,) and that this application gives neither the location, courses nor distances; that the jury, therefore, could not know the line of the proposed road, nor the quantity or location of the land; nor could they properly determine upon…
2Cited by7 opinions
- Bradley v. City of FrankfortIndiana Supreme Court · 1885
- The People v. . the Commissioners, Etc.New York Court of Appeals · 1867
- People ex rel. Thomas v. Commissioners of HighwaysNew York Court of Appeals · 1867
- Bolt v. Hauser, New York County Courts1890
- Havermans v. City of TroyNew York Supreme Court · 1875
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