Lane v. Cary
New York Supreme Court
APPEAL by the defendants from a judgment entered upon the report of a referee. The action was brought to establish the boundaries of a certain highway, in the town of Marcy; to vacate and annul certain proceedings of the defendants in relation thereto; and to obtain an injunction to restrain the removal of a certain fence and hedge erected by the plaintiff along the line of his land, which the defendants insisted was an encroachment upon the highway.
1Opinion of the Court
By the Court,
Bacon, J.
All the substantial issues of fact in this case are found by the referee' in favor of the defendants, and the merits seem to be with them, and yet the judgment is in favor of the plaintiff.
The defendants, who were commissioners of highways of the town of Marcy, had served an order on the plaintiff directing him to remove a fence which it was claimed was an encroachment on the highway, and the object of this suit was to enjoin them from proceeding to make the removal, upon his refusal to comply with their order.
On the trial, the question arose whether the plaintiff had…
2Cases cited2 opinions
- Miner v. ClarkNew York Supreme Court · 1836
- In re CooperNew York Supreme Court · 1818
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