Legal Opinion

People Ex Rel. Huntting v. Commissioners of Highways of East Hampton

New York Court of Appeals

Decided January 5, 1864PublishedCited by 12 opinions

Appeal from a judgment of the Supreme Court in the second district, affirming the proceedings of the defendants for the removal of obstructions of a highway in said town. The case does not show what steps had been taken by the defendants as highway commissioners, except what appears in the return of one of the jurors to the certiorari.

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Appeal from a judgment of the Supreme Court in the second district, affirming the proceedings of the defendants for the removal of obstructions of a highway in said town. The case does not show what steps had been taken by the defendants as highway commissioners, except what appears in the return of one of the jurors to the certiorari. The certiorari was issued out of the supreme court, directed to “Edward T. Conklin," and five other persons, naming them “‘jurors, greeting;" and recited that the court “ being willing for certain causes to be certified of the trial before you, as a jury…

1Opinion of the CourtJohnson, J.

The proceedings to remove encroachments upon a highway in the counties of Suffolk, Queens and Kings, under the act of 23d February, 1830, applying to those counties exclusively, are identical with the proceed ings for the same purpose in other parts of the state, under the revised statutes, except that in the first named act only six jurors out of the twelve summoned are drawn to serve as the jury and try the question.

The object which the relator sought to accomplish by the writ of certiorari, and proceedings under it, was to procure a reversal of the order of the commissioners of highways,…

2Cases cited1 opinion

  1. Birdsall v. PhillipsNew York Supreme Court · 1837

3Cited by12 opinions

  1. Ward v. KeenanSupreme Court of New Jersey · 1949
  2. Dryden v. SwinburneWest Virginia Supreme Court · 1882
  3. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  4. People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
  5. Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872

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