Bronson v. Mann
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in- th The defendant in error brought an action in the court below, against the plaintiff in error, to'recover the penalty for encroachihg on.the highway, under the 21st section of the Act for regulating highways, (2 N. R. L. 277, 278.) On the trial it ápcroachihg on.the highway, under the 21st section of the Act for ' ' - ~ * * * peared" that thé high way in question hád been duly laid…
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IN ERROR, on certiorari to a justice’s court. The defendant in error brought an action in- th The defendant in error brought an action in the court below, against the plaintiff in error, to'recover the penalty for encroachihg on.the highway, under the 21st section of the Act for regulating highways, (2 N. R. L. 277, 278.) On the trial it ápcroachihg on.the highway, under the 21st section of the Act for ' ' - ~ * * * peared" that thé high way in question hád been duly laid out and recorded ; that two of the commissioners of highways of the 7 . . . . , „ --5> town of Onondaga had notified the…
1Per curiam
Where the encroachment is not denied, and the commissioners, under the 21st section of the act, make an order to remove it, the just construction of the statute requires that all should confer, and then a majority may act; but where, as in this case, the encroachment is denied, and the fact is to be inquired of by a jury, the commissioners act in the character of informers merely; and the law requires no order, nor any act of the commissioners, after the finding and certificate of the jury. The omission, for sixty days after the inquest, to remove .the encroachment, constituted the offence.…
2Cited by6 opinions
- Smith v. HelmerNew York Supreme Court · 1849
- Bank Commissioners v. Bank of BuffaloNew York Court of Chancery · 1837
- Hurlbut v. WilcoxWisconsin Supreme Court · 1865
- Hyatt v. BatesNew York Supreme Court · 1861
- Tucker v. RankinNew York Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.