People ex rel. Flint v. Cline
New York Supreme Court
THIS was a common law certiorari, to review a decision made by referees, upon an appeal to the county court, from a determination of the commissioners of highways of the town of Amenia, Dutchess county, refusing to lay out a road. Augustus Flint, of Amenia, applied to the commissioners of highways of that town to lay out a new road therein.
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THIS was a common law certiorari, to review a decision made by referees, upon an appeal to the county court, from a determination of the commissioners of highways of the town of Amenia, Dutchess county, refusing to lay out a road. Augustus Flint, of Amenia, applied to the commissioners of highways of that town to lay out a new road therein. After his giving public notice of such application, 14 citizens of Amenia met, April 25th, 1853, viewed the route of the proposed road, and certified in writing that they were freeholders of that town, were liable to be assessed therein for highway labor,…
1Opinion of the Court
By the Court, S. B. Strong, J.
The statement, in the determination or order of the commissioners, that twelve freeholders had met and decided that the proposed new road and alterations were necessary and proper, was in effect an admission by them that such freeholders were competent and unobjectionable. As however it involved the question of jurisdiction, it was not conclusive, and might be re-examined by the referees when the matter came before them. ( The People v. Goodwin, 1 Sel. 568.)
*200It seems to me, however, that at least twelve competent freeholders did meet, view the site of the proposed…
2Cited by6 opinions
- Moses v. JulianSupreme Court of New Hampshire · 1863
- People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
- Schoonmaker v. ClearwaterNew York Supreme Court · 1863
- People ex rel. Ridgeway v. CortelyouNew York Supreme Court · 1862
- People ex rel. Odle v. KniskernNew York Supreme Court · 1867
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