People ex rel. Thomas v. Commissioners of Highways
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fourth district, where an order awarding a peremptory mandamus had been affirmed. This was an application by Herman Thomas and others for a mandamus, to be directed to the Commissioners of Highways of the town of Milton, in Saratoga county, commanding them to open a certain highway in that town, which, upon appeal from the order of the commissioners, had been ordered by referees to be laid out and opened.
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Appeal from the general term of the Supreme Court, in the fourth district, where an order awarding a peremptory mandamus had been affirmed. This was an application by Herman Thomas and others for a mandamus, to be directed to the Commissioners of Highways of the town of Milton, in Saratoga county, commanding them to open a certain highway in that town, which, upon appeal from the order of the commissioners, had been ordered by referees to be laid out and opened. The commissioners made return to the alternative writ, setting up their objections to opening the said road; and upon the hearing at…
1Opinion of the CourtHunt, J.
The points made by the appellants, to which it will be necessary to refer, are as’ follows: First, it is said, that the application was for laying out two *409roads, the one west of the existing highway on which the new road was proposed to be laid, and the other east of it, and. being the easterly end of the proposed road. In confirmation of this argument the appellants refer to the two orders of the commissioners refusing to lay out the road, and insist, that such orders were *decisions upon an application for two separate roads; this proceeding they insist is illegal. The relator .insists that…
2Cases cited4 opinions
- People Ex Rel. McMullen v. ShepardNew York Court of Appeals · 1867
- Jackson ex dem. Livingston v. FreerNew York Supreme Court · 1819
- Woolsey v. TompkinsNew York Supreme Court · 1840
- People ex rel. Smith v. TaylorNew York Supreme Court · 1860
3Cited by3 opinions
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Clare v. PeopleSupreme Court of Colorado · 1886
- Mackey v. PeopleSupreme Court of Colorado · 1873