People ex rel. Odle v. Kniskern
New York Supreme Court
ON the 9th of January, 1864, Norman Niver, a resident land owner and tax payer in the town of Oopake, Columbia county, made application to the commissioner of highways of said town, for the laying out of a road therein, through the lands of Abram Odie, among others. A jury of freeholders of said town was convened, who, on the 18th of January, 1864, certified that said highway was necessary and proper. Wm.
Read the full summary
ON the 9th of January, 1864, Norman Niver, a resident land owner and tax payer in the town of Oopake, Columbia county, made application to the commissioner of highways of said town, for the laying out of a road therein, through the lands of Abram Odie, among others. A jury of freeholders of said town was convened, who, on the 18th of January, 1864, certified that said highway was necessary and proper. Wm. R. Snyder, then sole commissioner of said town, thereafter, on the 5th day of February, 1864, decided, determined and certified that said highway was unnecessary, and refused to lay out the…
1Opinion of the Court
*90 By the Court,
Miller, J.
The appointment by the county judge of referees to hear both appeals was not, I think, illegal. Although each one of these appeals was made from the decision of a different commissioner, and the county judge was authorized and would have been justified in appointing referees to hear and determine each case, by a separate order, yet I see no objection to the selection of the same referees by one and the same order, to hear and decide both appeals. They related to and involved the same subject matter, and there appears to be an eminent propriety in disposing of them…
2Cases cited9 opinions
- Sandford v. HandyNew York Supreme Court · 1840
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
- Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
- People ex rel. Van Rensselaer v. Van AlstyneNew York Supreme Court · 1860
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People ex rel. Stockwell v. TalmageNew York Supreme Court · 1887