Trustees of Jordan v. Otis
New York Supreme Court
THE defendant in this action, in the spring of 1861, fenced np a street in the village of Jordan, Onondaga county, called Water street, and this action was brought to recover a penalty of five dollars, imposed by statute, for such obstruction. The suit was brought in a justice’s court.
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THE defendant in this action, in the spring of 1861, fenced np a street in the village of Jordan, Onondaga county, called Water street, and this action was brought to recover a penalty of five dollars, imposed by statute, for such obstruction. The suit was brought in a justice’s court. The defendant pleaded title, and the action was brought into this court, and tried by the court without a jury, at a circuit court held in the city of Syracuse in October, 1861. The court found for the plaintiff, and judgment was entered accordingly. The defendant appealed to the general term. By the 23d…
1Opinion of the Court
By the Court,
Morgan, J.
This action is brought by the trustees of the village of Jordan, against the defendant, to 3-ecover the penalty of five dollars for obstructing a highway. Section 102 of the highway act (1 R. S. 521) declares that whoever shall obstruct any “ highway, or shall fill up or place any obstruction in any ditch constructed for draining the water from any highway, shall forfeit for each offense the sum of five dollars.” And by § 131, (Id. 525,) the forfeiture must be “ recovered by the commissioners of highways of the town in which the offense shall be committed; and when…
2Cases cited5 opinions
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
- Holdane v. Trustees of Cold SpringNew York Supreme Court · 1856
- Boughton v. SmithNew York Supreme Court · 1853
- State v. BradburySupreme Judicial Court of Maine · 1855
- People v. LawsonNew York Supreme Court · 1820
3Cited by6 opinions
- Marvin v. PardeeNew York Supreme Court · 1872
- Little v. . DennNew York Court of Appeals · 1866
- People ex rel. Howland v. DreherCalifornia Supreme Court · 1894
- Eckerson v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 1896
- Grow v. TaylorNorth Dakota Supreme Court · 1912
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