People v. Champion
New York Supreme Court
A mandamus was issued to the defendants, as commissioners of highways of the town of Danube, in the county of Herkimer, commanding them to lay out and establish a certain highway described in the writ, or show cause, &c.
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A mandamus was issued to the defendants, as commissioners of highways of the town of Danube, in the county of Herkimer, commanding them to lay out and establish a certain highway described in the writ, or show cause, &c. The return to the' mandamus stated, that on the 18th of June, 1816, on application made by twelve freeholders or the town of Minden, in the county of Montgomery, to the commissioners of highways, then being, to lay out a certain public highway, &c., the commissioners proceeded to examine and inspect the route of the said road, and upon such inspection, were of opinion that…
1Opinion of the CourtSpencer, J.
The principal question in this cause is, whether, after an application to the Commissioners, according to law, to lay out a road, and their refusal to do so, and on an appeal to three Judges of the Court of Common Pleas, they reverse the decision oí the Commissioners, it is lawful for the Judges to proceed and lay out the road. If it is, then a peremptory mandamus must go.
The 36th section of the act to regulate highways, (2 N. R. L. 282.) gives the right of appeal to any person who shall conceive himself aggrieved by the determination of the Commissioners, either in laying out, altering, or…
2Cited by23 opinions
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
- Chance v. TempleSupreme Court of Iowa · 1855
- People ex rel. McKnight v. BeebeNew York Supreme Court · 1847
- State ex rel. Sloan v. WarnerWisconsin Supreme Court · 1882
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