Wiggins v. Tallmadge
New York Supreme Court
This suit was originally commenced before a justice of the peace, and dismissed by him on a plea of title, &c. The action was commenced in this court, May 25th, 1849, and tried before Mr. Justice Cady, at the Saratoga circuit in February, 1850, when a verdict was given for the defendant.
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This suit was originally commenced before a justice of the peace, and dismissed by him on a plea of title, &c. The action was commenced in this court, May 25th, 1849, and tried before Mr. Justice Cady, at the Saratoga circuit in February, 1850, when a verdict was given for the defendant. The complaint alledged that the plaintiffs were commissioners of highways of Malta, in the county of Saratoga, and that a road ncu,r to, or adjoining the land of the defendant, had been a highway for more than thirty years, and that the defendant obstructed it by building a fence through the center, which was…
1Opinion of the CourtHand, J.
The revised statutes declare that “ all public highways now in use, heretofore laid out and allowed by any law of this state, of which a record shall have been made in the office of the clerk of the county or town, and all roads not recorded, which have been, or shall have been used as public highways for twenty years or more, shall be deemed public highways, but may be altered in conformity to the provisions of this title.” (1 R. S. 521, § 100.) The next section requires the commissioners of highways to order the overseers of highways to open all roads to the width of at least two rods, “…
2Cases cited7 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Dygert v. SchenckNew York Supreme Court · 1840
- Galatian v. GardnerNew York Supreme Court · 1810
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3Cited by13 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- People Ex Rel. Williams v. KingmanNew York Court of Appeals · 1862
- Gould v. GlassNew York Supreme Court · 1855
- Gould v. GlassNew York Supreme Court · 1855
- Devenpeck v. LambertNew York Supreme Court · 1865
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