Lyon v. Munson
New York Supreme Court
On certiorari to a Justice’s Court. Debt in the Court below by Munson against Lyon, for the penalty imposed by the 25th section of the ‘ act to regulate highways' (2 B,. L. 270.) for obstructing a public highway in Oxford, Chenango county. Plea the general issue.
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On certiorari to a Justice’s Court. Debt in the Court below by Munson against Lyon, for the penalty imposed by the 25th section of the ‘ act to regulate highways' (2 B,. L. 270.) for obstructing a public highway in Oxford, Chenango county. Plea the general issue. The cause was tried by jury, Sept. 2Sth, 1822. The plaintiff produced the town record by which it appeared that the road was duly laid out, on survey, in the year 1798, beginning at the town line between Oxford and Greene, and running to Oxford village. It appeared also, by the same record, that an alteration was made, June 24th,…
1Opinion of the Court
Curia.
It is not necessary to inquire whether the act of the commissioners, in altering the old road, be valid within the provisions of the law under which they acted; for, if it *428was void, the 23d section of the act which was passed March 19, 1813, (2 R. L. 277,) is, in otir opinion, decisive of the question. It enacts, “ that if any public highway already laid out, or hereafter to be laid out, shall not be opened and worked within six years after the passing of this act, or from the time of its being so laid out, the same shall cease to be a public highway or road, for any use, intent or…
2Cited by1 opinion
- Beckwith v. WhalenNew York Supreme Court · 1872