People Ex Rel. Purdy v. Commissioners of Highways of the Town of Marlborough
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs on demurrer to return of defendants to an alternative mandamus. The mandamus required defendants to proceed forthwith to lay out, open and work a public highway in the town of Marlborough, Ulster county, according to the provisions and requirements of chapter 776, Laws of 1868, or to show cause, etc.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiffs on demurrer to return of defendants to an alternative mandamus. The mandamus required defendants to proceed forthwith to lay out, open and work a public highway in the town of Marlborough, Ulster county, according to the provisions and requirements of chapter 776, Laws of 1868, or to show cause, etc. Defendants’ return admitted that by the act they were required to lay out the road, but set up certain matters by way of avoidance, the validity of the act…
1Opinion of the Court
Johnson, C.
The mandamus in this case is confessedly founded upon a supposed statute of this State, chapter 776 of the Laws of 1868, and has no legal support if the supposed statute was never the law of the State. The first section appears to provide that the commissioners of highways of the town of Marlborough are authorized and directed to lay out the highway (describing it), and vests in the town for road purposes the right, title and interest of the State in so much of the lands as may be necessary for the purposes of the said highway. This section purports to dispose of a part of the…
2Cases cited4 opinions
- The People v. . DevlinNew York Court of Appeals · 1865
- De Bow v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845
- The People v. . AllenNew York Court of Appeals · 1870
- Commercial Bank of Buffalo v. SparrowNew York Supreme Court · 1846
3Cited by25 opinions
- Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- State ex rel. Reed v. JonesWashington Supreme Court · 1893
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Allen v. StateArizona Supreme Court · 1913
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