Town of Kirkwood v. . Newbury
New York Court of Appeals
- Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The appeal is based upon the judgment-roll alone, and brings up questions of law only.
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- Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The appeal is based upon the judgment-roll alone, and brings up questions of law only. The facts found upon the trial are briefly these: The towns of Kirkwood and Conklin are adjoining towns in the county of Broome, and are separated by the Susquehanna river. March 19, 1886, the board of supervisors of the county of Broome passed a bill (No. 39)…
1Opinion of the CourtPotter, J.
The main question in this case is whether the board of supervisors, under the existing law of this state, may, upon application of one of two towns in the same county separated by a stream, and against the wishes of a majority of the voters as expressed in town meeting and without the consent of its officers authorized to give consent, direct the building of a highway bridge across such streams and levy a tax upon tax-payers of the latter town to defray in part the expenses of building such bridge. The court below held that the board of supervisors of a county so situated had such power.
The…
2Cases cited1 opinion
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
3Cited by3 opinions
- Weinstein v. RothbergCourt of Appeals of Georgia · 1952
- Richards v. RichardsCity of New York Municipal Court · 1956
- Board of Supervisors v. Ionia Circuit JudgeMichigan Supreme Court · 1903