Johnston v. Supervisors
New York Supreme Court
S. FORD moved for a mandamus to be directed to the supervisors of the county of Herkimer, commanding them to cause to be levied on the town of Minden, in that county, the. amount of damages assessed in favour of Thomas Johnston, for a public highway over his improved land.
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S. FORD moved for a mandamus to be directed to the supervisors of the county of Herkimer, commanding them to cause to be levied on the town of Minden, in that county, the. amount of damages assessed in favour of Thomas Johnston, for a public highway over his improved land. It appeared, that a road was ordered by the commissioners of highways to be laid out through the improved land of J., on the 26th of May, 1820, which order was annulled, .on appeal to the Judges of the Court of Common Pleas, on the 12th of June, and their decision recorded the 19th of June, 1820. On the 20th of June, 1820,…
1Per curiam
The party in this case lost nothing by his íeglect to make his election within the time prescribed, as o the mode of having the damages assessed, but his right to lave them assessed by the commissioners appointed by a udge. And the damages having been regularly assessed y two Justices and a jury, in the mode pointed out by the tatute, the board of supervisors were bound, when the apilication was made to them for that purpose, to cause the amages so assessed, with the charges, to be levied and colBcted in the town, pursuant to the statute. The motion >r a mandamus is, therefore, granted.
Motion…
2Cited by5 opinions
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