Legal Opinion

Commissioners of Highways of Warwick v. Judges of Orange County

New York Supreme Court

Decided May 15, 1835PublishedCited by 14 opinions

Three of the judges of the county of Orange laid out a road in the town of Warwick, on an appeal from a decision of the commissioners of highways of that town, refusing to lay out a road according to a petition presented to them. The commissioners obtained a certiorari, requiring the judges to make return to this court of their proceedings.

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Three of the judges of the county of Orange laid out a road in the town of Warwick, on an appeal from a decision of the commissioners of highways of that town, refusing to lay out a road according to a petition presented to them. The commissioners obtained a certiorari, requiring the judges to make return to this court of their proceedings. The judges returned that an appeal in due form was presented to them; that they appointed a day and place for the hearing thereof, and caused due notice of such appointment to be given to the commissioners. That they, the judges, attended at the day and…

1Opinion of the Court

By the court,

Nelson, J.

The former and present statutes, as to laying out roads by commissioners of highways, and the appeal to three judges of the county, are substantially alike. 2 R. L. 275, § 16. id. 282, § 36. 1 R. S. 514, § 57,61. id. 518, § 84, 89. In the case of Lawton et al. v. The Com’rs of Highways of Cambridge, 2 Caines, 179, the opinion was expressedby Mr. Justice Spencer, and, as I understand it, it was the opini on of the court, that the authority of the judges to hear the appeal was confined to the merits alone—the fitness or unfitness of laying out the road. No different…

2Cases cited2 opinions

  1. Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
  2. Commissioners of Highways of Carmel v. Judges of the County Courts of PutnamNew York Supreme Court · 1831

3Cited by14 opinions

  1. State ex rel. Simpson v. RappSupreme Court of Minnesota · 1888
  2. People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
  3. People Ex Rel. Hubbard v. . HarrisNew York Court of Appeals · 1875
  4. People ex rel. Van Rensselaer v. Van AlstyneNew York Court of Appeals · 1866
  5. People Ex Rel. Cook v. . HildrethNew York Court of Appeals · 1891

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