Legal Opinion

Huggans v. . Riley

New York Court of Appeals

Decided December 2, 1890PublishedCited by 6 opinions

Appeal from order of the General Term of the Supreme Court in the third judicial department, lhade December 7, 1888, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from order of the General Term of the Supreme Court in the third judicial department, lhade December 7, 1888, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The General Term in considering the power of commissioners of highways did not properly take into account the distinction between moneys raised "by the town on the application or statement of the com-. missioner for repairs of highways and bridges, and moneys…

1Opinion of the CourtGray, J.

This is an action brought by a citizen and taxpayer of the town of Lexington, Green county, to restrain the defendant, as the commissioner of highways of his town, from building a bridge at a certain point over a stream, and the injunction was, in the first instance, granted upon the ground that the site of the bridge had not been located by the board of supervisors of the county, or by any competent authority. The learned justice at the Special Term thought that the commissioner of highways had no power to appropriate the town moneys for the building of the bridge, for the lack of any…

2Cases cited1 opinion

  1. Mather v. CrawfordNew York Supreme Court · 1862

3Cited by6 opinions

  1. People ex rel. Slater v. SmithNew York Supreme Court · 1894
  2. Birge v. Berlin Iron Bridge Co.New York Court of Appeals · 1892
  3. City of Binghamton v. Binghamton & Port Dickinson Railway Co.New York Supreme Court · 1891
  4. Birge v. Berlin Iron Bridge Co.New York Supreme Court · 1891
  5. Bruce v. City Council of GreenvilleSupreme Court of South Carolina · 1911

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