Legal Opinion
People ex rel. Melenbacker v. Hubbell
New York Supreme Court
Decided November 15, 1913PublishedCited by 4 opinions
This is a proceeding by mandamus, to compel the defendant to annul a certificate whereby he qualifiedly undertook to abandon a certain highway in the town of Salamanca, N. Y.
1Opinion of the Court
Wheeler. J.
The defendant is superintendent of highways of the town of Salamanca, N. Y. On May 15, 1912, as superintendent, he filed with the town clerk of the town of Salamanca the following certificate:
“ To Whom It May Concern:
“ This is to certify: That it appearing to me, DeWitt Hubbell, the duly qualified and acting Town Superintendent of Highways of the Town of Salamanca, County of Cattaraugus and State of New York, that for twu years- last past, the following described highway has not been usually traveled along the greater part thereof by more than two vehicles daily, exclusive of…
2Cases cited2 opinions
- Merzbach v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1900
- Ramsay v. . HayesNew York Court of Appeals · 1907
3Cited by4 opinions
- Stupnicki v. Southern New York Fish & Game Ass'nNew York Supreme Court · 1962
- Kruse v. Town of AshfordNew York Supreme Court · 1940
- Town of Irondequoit v. County of MonroeNew York Supreme Court · 1935
- Dotsko v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1969