People Ex Rel. Becker v. . Burton
New York Court of Appeals
These are appeals from judgments of the General Term of the Supreme Court, in the third judicial department, in the first case, affirming on ceírúora/ri the proceedings of the defendants as commissioners of highways in laying out a highway in the town of Easton, Washington county, and, in the last, the decision of the referees, on appeal, affirming the determination of the commissioners in laying out the said highway.
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These are appeals from judgments of the General Term of the Supreme Court, in the third judicial department, in the first case, affirming on ceírúora/ri the proceedings of the defendants as commissioners of highways in laying out a highway in the town of Easton, Washington county, and, in the last, the decision of the referees, on appeal, affirming the determination of the commissioners in laying out the said highway. The facts, so far as they are material to the decision of the appeals, sufficiently appear in the opinion. The service of notice in writing on the occupant was indispensable to…
1Opinion of the Court
Lott, Ch. C.
The principal ground alleged for error in the proceedings of the commissioners of highways is, that they did not, before determining to lay out the highway in question, cause a notice in writing to he given to the occupant of the land, through which it was to run, of the time and place at which they would meet to decide on the application made to them therefor. This is not tenable; I find nothing in the return of the commissioners warranting the conclusion that such notice was not given. It appears that the land was owned by Harmon Becker, the relator. That fact is stated in the…
2Cited by5 opinions
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