State v. Mayor of Englewood

■ The opinion of the court was delivered by

Collins, J.

These writs bring up proceedings of the defendant to open Van Brunt street, Englewood, and to take therefor lands of the prosecutors on an -award of damages and an assessment of 'benefits.

*189The defendant’s incorporation is under “An act authorizing any town, township or borough, or part thereof, containing a population exceeding five thousand inhabitants, to be incorporated as a city after a vote of the people, and providing for the government and powers of such cities,” approved March 22d, 1895. Gen. Stat., p. 762. The pertinent legislation…