Commissioners of Highways of Carmel v. Judges of the County Courts of Putnam
New York Supreme Court
Certiorari relative to the laying out of a road. Twenty freeholders of the town of Carmel made and subscribed a certificate of the necessity and propriety of laying out a road, applied for by one Abraham Everitt, which was delivered to the commissioners of highways of the town, who, after an examination of the route of the proposed road, determined that it was inexpedient to lay out such road and refused to lay out the same.
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Certiorari relative to the laying out of a road. Twenty freeholders of the town of Carmel made and subscribed a certificate of the necessity and propriety of laying out a road, applied for by one Abraham Everitt, which was delivered to the commissioners of highways of the town, who, after an examination of the route of the proposed road, determined that it was inexpedient to lay out such road and refused to lay out the same. The applicant appealed to three of the judges of the county, by endorsing upon, or annexing to the decision of the commissioners an appeal, in these wórds: “I do hereby…
1Opinion of the Court
*266 By the Court,
Nelson, J.
The appeal from the détermination 0f the commissioners was equivalent to saying that the > road was necessary and proper, and was therefore a sufficient compliance with the act. The fact that twenty instead of twelve freeholders, certified that the necessity of the road, is no cause for reversing the decision of the judges. Independent of the consideration that this objection comes with a bad grace from the commissioners, who, themselves, acted upon the certificate of the freeholders, there is no force in it. The commissioners have no authority to act until twelve…
2Cited by10 opinions
- People v. CookNew York Supreme Court · 1852
- Buel v. . the Trustees of LockportNew York Court of Appeals · 1849
- Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
- Rector v. . ClarkNew York Court of Appeals · 1879
- Bird v. BirdSupreme Judicial Court of Maine · 1885
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