In re Fenn
Appellate Division of the Supreme Court of the State of New York
Appeal by George Smith and others from, an order of the County Court of Washington county, entered in the office of the Clerk of said county on the 31st day of October, 1907, confirming the report of commissioners appointed in the proceeding to lay out a highway and denying a motion to vacate their decision.
1Opinion of the Court
Per Curiam :
The proceeding for laying out the highway seems to have been conducted in substantial compliance with the provisions of the Highway Law (Laws of 1890, chap. 568),* as amended, except that the undertaking which accompanied the application for the appointment of commissioners was defective, in that it provided that the liability of the sureties should not exceed the sum of fifty dollars, instead of one hundred dollars, as required by chapter 67 of the Laws of 1906. Notwithstanding an undertaking in conformity with the requirements of this statute was necessary to entitle the…
2Cases cited2 opinions
- Matter of De CampNew York Court of Appeals · 1897
- In re MitchellAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by3 opinions
- Beck v. GibbardAppellate Division of the Supreme Court of the State of New York · 1910
- In re FennAppellate Division of the Supreme Court of the State of New York · 1908
- Towner v. SchoenthalAppellate Division of the Supreme Court of the State of New York · 1986