The People v. . Wheeler
New York Court of Appeals
Aepeae, from, the Supreme Court. Certiorari to review the proceedings of the commissioners of highways of the town of Dover in discontinuing a highway. After the commissioners had made their return to the writ, they certified, in obedience to a requisition from the Supreme Court, that one of them who had acted throughout the proceedings was a brother of the person upon whose application they had been instituted.
Read the full summary
Aepeae, from, the Supreme Court. Certiorari to review the proceedings of the commissioners of highways of the town of Dover in discontinuing a highway. After the commissioners had made their return to the writ, they certified, in obedience to a requisition from the Supreme Court, that one of them who had acted throughout the proceedings was a brother of the person upon whose application they had been instituted. At a general term in the second district, judgment was rendered, setting aside the proceedings of the commissioners with costs, from which they appealed to this court.
1Opinion of the Court
The appellants, on the application of a person liable to be assessed for highway labor, and after the certificate of twelve disinterested freeholders had been delivered to them, as required by law, made and signed an order discontinuing a road as useless and unnecessary. The order was regular, and fully complied with the requirements of the statute, and the commissioners were shown to have acquired jurisdiction over the subject matter.
The Supreme Court reversed the proceedings of the commissioners, and awarded costs against them, on the single ground, not appearing in the record, that the…
2Cited by16 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Riggins v. RichardsTexas Supreme Court · 1904
- People Ex Rel. Board of Supervisors v. Common CouncilNew York Court of Appeals · 1886
- Beardslee v. . DolgeNew York Court of Appeals · 1894
11 more not listed; retrieve them via the Exa API.