People Ex Rel. Cook v. Nearing
New York Court of Appeals
Writ of error to the Supreme Court. The return showed a writ of certiorari from that court to the defendants, as commissioners, under certain acts of the legislature, for draining certain wet and swamp lands in the county of Onondaga.
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Writ of error to the Supreme Court. The return showed a writ of certiorari from that court to the defendants, as commissioners, under certain acts of the legislature, for draining certain wet and swamp lands in the county of Onondaga. It recited that the defendants had caused a ditch or drain to be dug through the land of Eobert Cook, the relator, to his serious damage and loss; and that the defendants had made an assessment upon the lands of the relator and others for the purpose of defraying the expenses of the several drains and,, ditches mentioned in the act, and had advertised the lands…
1Opinion of the CourtDavies, J.
The certiorari avers, and it is admitted by the return, that the defendants have entered upon the relator’s land, and have caused and procured a ditch or drain to be cut or dug upon the said land, for the distance of about one hundred and seventy rods. The respondents claim the right so to do, under and by virtue of an act of the legislature passed April 16, 1858. (Laws of 1858, ch. 266.) This act was amended in 1860. (Laws of 1860, ch. 258.) By the original act, the commissioners named therein were authorized to drain certain wet and swamp lands therein described, and for that purpose to-…
2Cases cited1 opinion
- People ex rel. Moore v. Mayor of New YorkNew York Supreme Court · 1848
3Cited by14 opinions
- Yunker v. NicholsSupreme Court of Colorado · 1872
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Heick v. VoightIndiana Supreme Court · 1887
- In Matter of Petition of CheesebroughNew York Court of Appeals · 1879
- Matter of TuthillNew York Court of Appeals · 1900
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