People ex rel. Delaware, Lackawanna & Western Railroad v. County Court
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 4th day of April, 1895, directed to the County Court of Onondaga county and William A. Gere, commanding them to certify and return to the office of the clerk of the county of Onondaga all and singular their proceedings in reference to the confirmation of the report of commissioners appointed to determine the necessity of laying out and opening a highway in the town of Geddes, Onondaga county, through the lands of…
Read the full summary
Certiorari issued out of the Supreme Court and attested on the 4th day of April, 1895, directed to the County Court of Onondaga county and William A. Gere, commanding them to certify and return to the office of the clerk of the county of Onondaga all and singular their proceedings in reference to the confirmation of the report of commissioners appointed to determine the necessity of laying out and opening a highway in the town of Geddes, Onondaga county, through the lands of the Delaware, Lackawanna and Western Railroad Company, by which report it was found to be necessary to. open such…
1Opinion of the Court
Green, J. :
This court has decided that an order of the County Court, confirming the report of commissioners appointed to lay out a highway under the Highway Law (Laws of 1890, chap. 568, § 82, as amended by Laws of 1892, chap. 686), cannot be reviewed by a writ of certiorari (People ex rel. Hanford v. Thayer, 88 Hun, 136), and in Beardslee v. Dolge (143 N. Y. 166) the court remarked, incidentally,that “ this rule of the common law, which treated the writ of certiorari as analagous to a writ of error, has no application to otir present statutory (highway) proceeding, where the writ of…
2Cases cited3 opinions
- Beardslee v. . DolgeNew York Court of Appeals · 1894
- People ex rel. Hanford v. ThayerNew York Supreme Court · 1895
- People ex rel. Titsworth v. NashNew York Supreme Court · 1891
3Cited by2 opinions
- In re TaylorAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Taylor v. TurnerAppellate Division of the Supreme Court of the State of New York · 1896