Legal Opinion
People ex rel. Minard v. Donovan
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1930PublishedCited by 3 opinions
1Opinion of the CourtDavis, J.
The relator, a party interested, is attempting by this proceeding to determine whether a certain road in the town of Lloyd, Ulster county, is a legal highway.
The proceeding is in the form of mandamus to compel the superintendent to clear the highway of obstructions placed there by persons claiming the lands. These persons, who deny that the road is a public highway, but claim it is only a private way, have been by order brought in as parties defendant. The town superintendent makes return in substance that he has no sufficient knowledge of the facts in issue to determine whether he is legally…
2Cases cited17 opinions
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Matter of City of New York (E. 177th St.)New York Court of Appeals · 1924
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3Cited by3 opinions
- Petrie v. City of RochesterNew York Supreme Court · 1954
- Dot Mort Holding Corp. v. Town of MamaroneckNew York Supreme Court · 1957
- Informal Opinion No., New York Attorney General Reports1986