Satterly v. . Winne
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made December 16, 1882, which granted a new trial on exceptions ordered to be heard at first instance at General Term, the complaint having been dismissed on trial. This was an action for trespass; the defense was that the locus in quo is a private road duly laid out and opened. The material facts 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, made December 16, 1882, which granted a new trial on exceptions ordered to be heard at first instance at General Term, the complaint having been dismissed on trial. This was an action for trespass; the defense was that the locus in quo is a private road duly laid out and opened. The material facts are stated in the opinion. If either the commissioners, or the referees, or the Supreme Court acquired jurisdiction of the subject-matter of the road proceedings, their adjudications cannot be collaterally…
1Opinion of the CourtAndrews, J.
The question in this case turns upon the validity of the proceedings taken in 1877, to lay out a private road over the lands of the plaintiff and Samuel L. Satterly. If the road was legally laid^out where the jury in fact intended to lay it out, and where it was staked out by the commissioners, the locus in quo of the alleged trespass was within the boundaries of the road, and the action cannot be maintained. The act of 1853 (Chap. 174, § 1) prescribes that an application for a private road shall be made in writing, “ specifying its width and location, courses and distances, and the names of…
2Cases cited2 opinions
- People ex rel. Hawver v. Commissioners of Highways of RedhookNew York Supreme Court · 1835
- The People v. . the Commissioners, Etc.New York Court of Appeals · 1867
3Cited by12 opinions
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- Matter of TuthillNew York Court of Appeals · 1900
- Belk v. HamiltonSupreme Court of Missouri · 1895
- Pratt v. AllenNew York Supreme Court · 1982
- City of Buffalo v. HoffeldSuperior Court of Buffalo · 1893
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