People ex rel. Kipp v. Finger
New York Supreme Court
APPEAL from a judgment at special term directing that a peremptory mandamus issue. By an act of the legislature, entitled “An act to provide for building a bridge over the Boeliif Jansen’s kill, in the town of Livingston, in the county of Columbia, and for the payment of the expenses thereof,” passed April 5, 1853, (Laws of 1853, p. 198.) the commissioners of highways of the town of Livingston were required to build a bridge over the Boeliif Jansen’s kill, upon or near the…
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APPEAL from a judgment at special term directing that a peremptory mandamus issue. By an act of the legislature, entitled “An act to provide for building a bridge over the Boeliif Jansen’s kill, in the town of Livingston, in the county of Columbia, and for the payment of the expenses thereof,” passed April 5, 1853, (Laws of 1853, p. 198.) the commissioners of highways of the town of Livingston were required to build a bridge over the Boeliif Jansen’s kill, upon or near the site of the old bridge over said kill, near where the block factory stood in said town, and for such purpose were…
1Opinion of the CourtHarris, J.
The mandate of the legislature is, that the commissioners of highways of the town of Livingston shall build a bridge over the Roeliff Jansen’s kill, upon or near the site of the old bridge. But there may have been more than one old bridge over the kill. The act itself speaks of another bridge over the same stream, known as the Blue Store Bridge. That is not the bridge intended. It is where a bridge once stood in the neighborhood of the old block factory. It is thus the legislature indicate the bridge they design to have rebuilt. It is to be built “ upon or near the site of the old bridge,”…
2Cases cited2 opinions
- People v. DenslowNew York Supreme Court · 1803
- Griffen v. HouseNew York Supreme Court · 1820
3Cited by4 opinions
- People ex rel. Hanrahan v. Board of Police of the Metropolitan Police DistrictNew York Supreme Court · 1861
- People ex rel. Neftaniel v. Order of American StarThe Superior Court of New York City · 1886
- People on rel. Hanrahan v. Board of PoliceNew York Supreme Court · 1862
- State ex rel. Soares v. Hebrew Congregation "Dispersed of Judah"Supreme Court of Louisiana · 1879