Snyder v. . Trumpbour
New York Court of Appeals
This is an appeal by the Defendants from a judgment of the Supreme Court in favor of the Plaintiff, rendered in the Third District.
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This is an appeal by the Defendants from a judgment of the Supreme Court in favor of the Plaintiff, rendered in the Third District. The action was brought to restrain the Defendants from opening a highway upon the premises of the Plaintiff, which was claimed by the Defendants to have been legally laid out by the commissioners of highways, and that Plass, who was an overseer of highways of the town, entered upon the premises under the direction of the commissioners for the purpose of opening the road. The cause was tried before Mr Justice Gould, without a jury, at the Ulster Circuit, in May,…
1Concurrence
This is an action to restrain the above defendants from proceeding to open and work a highway laid out by the defendants, Trumpbour and Foland, commissioners of highways of the town of Saugerties. The suit was sustained and a perpetual injunction awarded, and which judgment was affirmed on appeal to the General Term, and from which the defendants have appealed to this court. The court below were in error in holding the whole order of the commissioners void, because a portion of the distance the commissioners laid the road only two rods wide. This was expressly decided in the trespass suit…
2Cases cited1 opinion
- Snyder v. . PlassNew York Court of Appeals · 1863