People Ex Rel. Hubbard v. . Harris
New York Court of Appeals
Appeal from judgment of the Glen eral Term of the Supreme Court in the third judicial department, affirming upon certiorari the decision of defendants as referees, which affirmed an order of commissioners of highways of the town of Watervliet, Albany county, laying out a highway. The facts appear sufficiently in the opinion. The relator, upon the hearing before the referees, had the right to show that the commissioners had no jurisdiction to lay out the highway.
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Appeal from judgment of the Glen eral Term of the Supreme Court in the third judicial department, affirming upon certiorari the decision of defendants as referees, which affirmed an order of commissioners of highways of the town of Watervliet, Albany county, laying out a highway. The facts appear sufficiently in the opinion. The relator, upon the hearing before the referees, had the right to show that the commissioners had no jurisdiction to lay out the highway. (People v. Cline, 23 Barb., 197, 199, 201; People ex rel. v. v. Ottman, 27 id., 94, 96; affirmed, 30 N. Y., 470; People v. Goodwin,…
1Opinion of the CourtEarl, J.
The commissioners of highways made a determination to lay out the highway in question, and from that determination Mr. Lansing appealed to the county judge of Albany county, by whom referees were appointed to hear the appeal. Upon the hearing before the referees Lansing sought to assail the order of the commissioners upon the ground that it was void for want of jurisdiction in them to make it for various reasons stated. The referees declined to.take any proof showing the want of such jurisdiction, holding that they were confined to an examination of the case upon the merits, upon the…
2Cases cited5 opinions
- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
- People Ex Rel. Odle v. . KniskernNew York Court of Appeals · 1873
- People ex rel. Flint v. ClineNew York Supreme Court · 1856
3Cited by9 opinions
- People Ex Rel. Cook v. . HildrethNew York Court of Appeals · 1891
- In re Coe, New York County Courts1897
- Rector v. . ClarkNew York Court of Appeals · 1879
- In re Laying Out of a Certain Town Highway in the Town of BallstonAppellate Division of the Supreme Court of the State of New York · 1937
- People ex rel. Scrafford v. StedmanNew York Supreme Court · 1890
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