People ex rel. De Groat v. Marlette
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. H-. Marlette, as commissioner of highways of the town of Laurens, Otsego county, Hew York, from a judgment of the Supreme Court in favor of the, relator, entered in the office of the clerk of the county of Otsego on the 2d day of July, 1903, upon the decision of the court, rendered after a trial at the Otsego Trial Term, the jury having been discharged, directing .the issuance of á peremptory writ of mandamus.
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Appeal by the defendant, H. H-. Marlette, as commissioner of highways of the town of Laurens, Otsego county, Hew York, from a judgment of the Supreme Court in favor of the, relator, entered in the office of the clerk of the county of Otsego on the 2d day of July, 1903, upon the decision of the court, rendered after a trial at the Otsego Trial Term, the jury having been discharged, directing .the issuance of á peremptory writ of mandamus. The judgment appealed from awards to the relator a peremptory writ of mandamus commanding the defendant and his successors' in office to attach a certain…
1Opinion of the Court
Chester, J.:
Section 99'of the Highway Law (Laws of 1890, chap. 568, as amd. by Laws of 1899, chap. 622) protides, that “ every highway that.' shall not have been travelled or used as a highway for six years, shall cease to be a highway, and every public right of way that shall not have been used for said period shall be deemed abandoned as a right of way. The commissioners of highways shall file, and cause to be recorded in the town clerk’s office of the town, written description, signed by them, of each highway and public right of way so abandoned, and the same, shall thereupon be…
2Cited by12 opinions
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- Salisbury v. RogersAppellate Division of the Supreme Court of the State of New York · 1937
- In re Avoca Soil Improvement Co.New York Supreme Court · 1930
- Chanson v. Town of HomerNew York Supreme Court · 1986
- Graff v. Town of DarienNew York Supreme Court · 1980
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