Terpening v. Smith
New York Supreme Court
THIS was an action of trespass, brought to recover damages for a wrongful entry, &c. by the defendant upon the plaintiff’s lands in Summit, Schoharie county. It was tried at the Schoharie circuit, in May, 1862, before Justice Pecrham and a jury.
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THIS was an action of trespass, brought to recover damages for a wrongful entry, &c. by the defendant upon the plaintiff’s lands in Summit, Schoharie county. It was tried at the Schoharie circuit, in May, 1862, before Justice Pecrham and a jury. On the trial the defendant admitted that the title to the locus in quo was originally in the plaintiff, but claimed to justify the entry, on the ground that the premises were a public highway, duly laid out by referees appointed ■ by the county judge of the county of Schoharie, on an appeal from an order of the commissioners of highways of the said…
1Opinion of the Court
By the Court, Miller, J.
The main point urged by the defendant is that the judge, upon the trial, erred in deciding tjiat the referees should have given three days notice to the occupants, of the time and place of meeting to hear and determine the appeal, and that the order of the referees, reversing the decision of the commissioners, was void and furnished no justification for the acts of the defendant, and the defendant was therefore a trespasser.
To determine this question, it is necessary to understand the legislative requirements on the subject. Under the ¡Revised Statutes, (1 R. S. 514, §…
2Cases cited3 opinions
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
- People ex rel. Dana v. RobertsonNew York Supreme Court · 1858
- People ex rel. Zimmer v. BarberNew York Supreme Court · 1851
3Cited by1 opinion
- People ex rel. Wells v. BrownNew York Supreme Court · 1888