Clark v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of. the Supreme Court in the sixth judicial district, entered upon an order denying a motion for a new trial, and -directing judgment upon a verdict.
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Appeal from judgment of the General Term of. the Supreme Court in the sixth judicial district, entered upon an order denying a motion for a new trial, and -directing judgment upon a verdict. (Eeported below, 42 Barb., 255.) This action was brought against defendant, supervisor of the town of Southport, Chemung county, for alleged refusal and neglect to perform his official duty, which required him to present to the board of supervisors of said county plaintiff’s claim for damages as reassessed, occasioned by the laying out of a highway through his lands. On January 10th, 1863, the…
1Opinion of the Court
Johnson, C.
The principal question in this ease arises upon1 the construction of article 1, section 7, of the Constitution of this State, with which, it is contended, on the part of the appellant, that the provisions of sections 2 and 3 of ehap1 ter 455 of the Laws of 1847 are in conflict. Those sections, which were in amendment of the existing law, provided for the assessment of the damages, occasioned in laying out a highway, by not less than three commissioners, to be appointed by the County Court. A reassessment was also provided for by a jury, in case any party conceiving himself…
2Cases cited4 opinions
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- Hover v. BarkhoofCommission of Appeals · 1870
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- People Ex Rel. Aspinwall v. Supervisors of RichmondNew York Court of Appeals · 1863
3Cited by19 opinions
- Little v. . BanksNew York Court of Appeals · 1881
- Webb v. RitterWest Virginia Supreme Court · 1906
- Hale v. JohnstonTennessee Supreme Court · 1918
- State ex rel. Cardin v. McClellanTennessee Supreme Court · 1904
- Payne v. StauntonWest Virginia Supreme Court · 1904
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