Burk v. Ayers
New York Supreme Court
Appeal from an order of the County Court of Seneca county, modifying and affirming the determination of the drainage commissioners above named, by which they adjudged it to be necessary to construct a drain across lands owned by others than the appellant, in a proceeding • taken under the statutes known as the drainage acts.
Read the full summary
Appeal from an order of the County Court of Seneca county, modifying and affirming the determination of the drainage commissioners above named, by which they adjudged it to be necessary to construct a drain across lands owned by others than the appellant, in a proceeding • taken under the statutes known as the drainage acts. The appellant, under the name of Henry Burk, was named in the petition as one of the owners or possessors of land to be affected by the proceedings — he was served with notice of the determination of the commissioners, and appealed therefrom.; the appeal was heard by the…
1Opinion of the Court
Smith, J.:
It is insisted by the respondents’ counsel that this appeal should Be dismissed on several grounds, which will be briefly considered.
*22First. It is said that' an appeal from the county court to this-court, in proceedings for draining lands, is not authorized by law. The act of 1869, chapter 888, authorized proceedings for draining lands to be had before the comity judge (§ 1), or before that officer and the justices of sessions, if heshould choose to associate.them with him (§12), and it give an appeal from the decision of the county judge, or that of the county judge and the justices…
2Cases cited3 opinions
- Matter of RyersNew York Court of Appeals · 1878
- People ex rel. Debennetti v. Clerk of Marine CourtNew York Court of Appeals · 1856
- Titus v. RelyeaNew York Supreme Court · 1858