Lawton v. Commissioners of Highways ex rel. Town of Cambridge
New York Supreme Court
On certiorari to three of tbe judges of the common pleas of Washington, to return an appeal to them from tbe determination of the commissioners of highways, for the town of Cambridge, “ and also the decision, judgment, process, and proceedings of tbe same, with all things touching the same,” the return stated tbe appeal to have been on tbe laying out-a public road or highway through part of tb * town of Cambridge; it then set forth the minutes, or memorandum, as it was…
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On certiorari to three of tbe judges of the common pleas of Washington, to return an appeal to them from tbe determination of the commissioners of highways, for the town of Cambridge, “ and also the decision, judgment, process, and proceedings of tbe same, with all things touching the same,” the return stated tbe appeal to have been on tbe laying out-a public road or highway through part of tb * town of Cambridge; it then set forth the minutes, or memorandum, as it was termed, of the laying out, by precise courses and distances ; but the width of the road was not given, nor was it specified…
1Opinion of the CourtSpeNCEr, J.
It is made a question, whether a certiorari is grartable to remove into this court these proceedings, the statute bay*182ing declared the decision of the ^'judges of the common pleas, on an appeal made to them, to be conclusive.
It is a position beyond contradiction, that the king’s bench, in England, (and this court is clothed with the same common law authority,) has jurisdiction, and may award a certiorari, not only to inferior courts, but to persons invested by the legislature with power to decide on the property or rights of the citizen, even in cases where they are authorized by statute…
2Cases cited1 opinion
- Allyn v. Commissioners of HighwaysNew York Supreme Court · 1838
3Cited by35 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- English v. SmockIndiana Supreme Court · 1870
- Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
- People ex rel. Dickinson v. Board of SupervisorsNew York Supreme Court · 1864
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