People ex rel. Smith v. Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James E. Allen, commissioner of' highways of the town of West Turin, in the county of Lewis, New York, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Lewis on the 14th day of June, 1898, granting the relator’s application for a peremptory writ of mandamus commanding the said commissioner to forthwith proceed to open and work and put in condition, suitable and proper for…
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Appeal by the defendant, James E. Allen, commissioner of' highways of the town of West Turin, in the county of Lewis, New York, from an order of the Supreme Court, made at the Jefferson Special Term and entered in the office of the clerk of the county of Lewis on the 14th day of June, 1898, granting the relator’s application for a peremptory writ of mandamus commanding the said commissioner to forthwith proceed to open and work and put in condition, suitable and proper for public travel thereon, all that part of the proposed highway situate in the said town of West Turin, particularly…
1Opinion of the Court
Hardin, P. J.:
Section 82 of the Highway Law (Laws of 1890, chap. 568, 1 It. S. [9th ed.] 695) provides, viz.: “ Any person or corporation assessable for highway labor may make written application to the commissioners of highways of the town in which he or it shall reside, or is assessable, to alter or discontinue a highway, or to lay out a new highway.”
Sections 83 and 84 provide under what circumstances application may be made to the county judge for the appointment of commissioners.
In section 85 it is provided that the applicant shall cause at least eight days’ written or printed notice to…
2Cases cited3 opinions
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
- People ex rel. Edick v. OsbornNew York Supreme Court · 1838
- People ex rel. Dana v. RobertsonNew York Supreme Court · 1858
3Cited by2 opinions
- In re David, New York County Courts1904
- Johnson v. KeeslerNew York Supreme Court · 1930