People Ex Rel. Aspinwall v. Supervisors of Richmond County
New York Court of Appeals
Appeal from the Supreme Court. The relator obtained an alternative mandamus requiring the defendants to show cause why they should not audit a claim of the relator for damages due to him for the laying out of a public highway in the town of Southfield. They made a return upon which issues were joined and tried at the Richmond Circuit before Mr. Justice Rockwell.
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Appeal from the Supreme Court. The relator obtained an alternative mandamus requiring the defendants to show cause why they should not audit a claim of the relator for damages due to him for the laying out of a public highway in the town of Southfield. They made a return upon which issues were joined and tried at the Richmond Circuit before Mr. Justice Rockwell. These facts appeared: The road was laid out under chapter 274 of 1844, section 6, which authorized the commissioners of highways of the town of Southfield to lay out a public highway to the State property and fortifications near the…
1Opinion of the Court
Johnson, Ch. J.
By section 6 of chapter 274 of the laws of 1844, the commissioners of highways of the town of South-field were authorized to lay out a public highway to. the State property and fortifications near the Narrows on Staten Island. The power conferred by this section being given' to these officers by their name of office, and being exactly analogous to the general powers which they previously possessed by law, must be regarded as merely additional to those previous powers, and to be exercised under the same regulations, as to their modes of proceeding and further authority in…
2Cited by9 opinions
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- People ex rel. Welling v. MeakinNew York Supreme Court · 1890
- People ex rel. Wetmore v. Supervisors of New YorkNew York Court of Appeals · 1865
- People ex rel. Banta v. KneisselNew York Supreme Court · 1876
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