People ex rel. Stephens v. Tallman
New York Supreme Court
COMMON law certiorari, to remove proceedings had under the act of 1847 (Laws of 1847, ch. 455,) for'a reassessment of the damages of the relator, occasioned by the laying out of a highway over his land in the town of Clarkstown. The writ was directed to the defendant Clarkson, commissioner of highways, Jabez Wood, the justice of the peace before whom the proceedings were instituted, and T. L. Denoyelles, town clerk of the town.
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COMMON law certiorari, to remove proceedings had under the act of 1847 (Laws of 1847, ch. 455,) for'a reassessment of the damages of the relator, occasioned by the laying out of a highway over his land in the town of Clarkstown. The writ was directed to the defendant Clarkson, commissioner of highways, Jabez Wood, the justice of the peace before whom the proceedings were instituted, and T. L. Denoyelles, town clerk of the town. The court directed the proceedings upon all the returns to be had and conducted as those in one cause or suit.
1Opinion of the Court
By the Court,
Emott, J.
It appears in this- case that a highway has been duly laid ont over lands of the relator in the town of Clarkstown, and that his damages had been assessed by commissioners appointed by the county court. The defendant Tallman, as commissioner of highways of the town, instituted proceedings according to the statute of 1847, (Laws of 1847, ch. 455,) for a reassessment. This statute provides (section 3) for a notice to the opposite party and the town clerk, signifying dissatisfaction with the damages, asking for a reassessment, and specifying a time when the town clerk of…
2Cases cited1 opinion
- Bouton v. NeilsonNew York Supreme Court · 1808
3Cited by5 opinions
- Cairo & Fulton Railroad v. TroutSupreme Court of Arkansas · 1877
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
- Wilson v. Baltimore & Philadelphia RailroadCourt of Chancery of Delaware · 1884
- Cooper v. BeanNew York Supreme Court · 1871
- People ex rel. Lentz v. GrayNew York Supreme Court · 1888