People Ex Rel. Bodine v. Goodwin
New York Court of Appeals
* Appeal from the general term of the Supreme Court, in the seventh district, where the decision of referees directing the opening of a road in the town of Ñiles, in the county of Cayuga, had been reversed, on certiorari. • In November 1848, Cornelius Adriance applied to the commissioners of highways of the town of Niles, for the laying out of a road therein, upon the certificate of twelve freeholders as to the necessity and propriety of laying out the same.
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* Appeal from the general term of the Supreme Court, in the seventh district, where the decision of referees directing the opening of a road in the town of Ñiles, in the county of Cayuga, had been reversed, on certiorari. • In November 1848, Cornelius Adriance applied to the commissioners of highways of the town of Niles, for the laying out of a road therein, upon the certificate of twelve freeholders as to the necessity and propriety of laying out the same. The commissioners denied the application; Adriance appealed from their decision to the county judge, who, on the 3d April 1849,…
1Opinion of the Court
Ruggles, O. J.
Neither the commissioners of highways, nor the referees, on appeal from their decision, have power to lay out a road, public or private, through any building, without *the consent of the owner. (1 R. S. 502, § 2, and 513, § 57.) There was a barn standing on the land laid out for the highway in controversy; and unless the owner’s consent was given that the highway should he so laid out, the referees, in laying it out, acted without authority, and their proceedings were void for want of jurisdiction. (Clarke v. Phelps, 4 Cow. 190.)
Inferior magistrates, when required by writ of…
2Cases cited1 opinion
- Clark v. PhelpsNew York Supreme Court · 1825
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- Bittinger v. BellIndiana Supreme Court · 1879
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