In re Taylor
Appellate Division of the Supreme Court of the State of New York
Appeal hy Isaac L. Smith and another from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Lewis on the 3d day of February, 1896, denying their motion to vacate and dismiss a writ of certiorari, granted at the Herkimer Special Term December 9, 1895, and returnable at the General Term of the Supreme Court in the fourth department.
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Appeal hy Isaac L. Smith and another from an order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Lewis on the 3d day of February, 1896, denying their motion to vacate and dismiss a writ of certiorari, granted at the Herkimer Special Term December 9, 1895, and returnable at the General Term of the Supreme Court in the fourth department. Hpon the 3d day of September, 1894, Isaac L. Smith, an inhabitant of the town of Turin, in the county of Lewis, and Walter H. Millard, an inhabitant of the town of West Turin, in the same county,…
1Opinion of the Court
Adams, J.:
This court has very recently had occasion to hold that the decision of a County Court confirming the report of commissioners appointed to lay out a highway, under the provisions of chapter 568 of the Laws of 1890, and the amendments thereto, is final, and cannot be reviewed by a writ of certiorari. (People ex rel., D., L. & W. R. R. Co. v. County Court of Onondaga County, 4 App. Div, 542.) The relators in this action endeavor to evade this decision by claiming that the proceeding is one which was instituted under section 96, instead of section 83, of the Highway Law. But we are…
2Cases cited2 opinions
- People ex rel. Hanford v. ThayerNew York Supreme Court · 1895
- People ex rel. Delaware, Lackawanna & Western Railroad v. County CourtAppellate Division of the Supreme Court of the State of New York · 1896