Commissioners of Highways v. Claw
New York Supreme Court
IN ERROR, on certiorari to three of the Judges of the Court of Common Pleas, of the county of Columbia, to whom an appeal had been made by the defendants in error, under the 36th section of the act to regulate highways, sess. -36. c. 33. (2 JV. R. L. 282.) against a determination of the plaintiffs in error, relative to the regulating and altering a 1 , _ . n TT, 7 j 7 . ® highway in the town of Kinderhook, in the county of Co- , , . tumbía.
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IN ERROR, on certiorari to three of the Judges of the Court of Common Pleas, of the county of Columbia, to whom an appeal had been made by the defendants in error, under the 36th section of the act to regulate highways, sess. -36. c. 33. (2 JV. R. L. 282.) against a determination of the plaintiffs in error, relative to the regulating and altering a 1 , _ . n TT, 7 j 7 . ® highway in the town of Kinderhook, in the county of Co- , , . tumbía. The affidavit of the plaintiffs, on which the certiorari was allowed, alleged, that no notice had been given to them, or i rr* 7 7 7 to the town cleric of…
1Opinion of the CourtVan Ness, J.
The point made by the plaintiffs in error, is, that their proceedings in regulating and altering the road in question, have been reversed on appeal to three Judges of the Court of 'Common Pleas, without any notice having been given to them of the bringing of such appeal, and of the time and -place for hearing .and deciding it. That a certiorari lies .to the judges -to remove the proceedings had before them on appeal from the commissioners of highways, into this court, was decided in the case of Lawton and others v. The Commissioners, &c. of the Town of Cambridge. (2 Caines Rep. 179.) The…
2Cases cited1 opinion
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
3Cited by13 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Morrow v. WeedSupreme Court of Iowa · 1856
- Rockwell v. . NearingNew York Court of Appeals · 1866
- Flint River Steam Boat Co. v. Roberts, Allen & Co.Supreme Court of Florida · 1848
- Clark v. PhelpsNew York Supreme Court · 1825
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