In re Mount Morris Square
New York Supreme Court
Motion(a) to set aside a rule of this court made Septemhei 4th, 1839, confirming the report of the commissioners of estimate and assessment for the opening of Mount Morris Square: Or, should that be refused; then for a writ or writs of certiorari, to be directed to the mayor, aldermen and commonalty of the city sf New-York, commanding them to return the resolution or ordinance of the common council in 1836, for the opening of the Square, and all things touching and…
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Motion(a) to set aside a rule of this court made Septemhei 4th, 1839, confirming the report of the commissioners of estimate and assessment for the opening of Mount Morris Square: Or, should that be refused; then for a writ or writs of certiorari, to be directed to the mayor, aldermen and commonalty of the city sf New-York, commanding them to return the resolution or ordinance of the common council in 1836, for the opening of the Square, and all things touching and concerning the same; including all resolutions, reports of committees, and reports and maps of commissioners of estimate and…
1Opinion of the Court
*19 By the Court,
Coaven, J.
The application to set aside the rule for confirmation, must of course be denied. It Avas held in the Matter of Beekman-street, (20 John. R. 269,) that in revising and confirming or setting aside the reports of commissioners, in Nerv-York street cases, this court derived its poAvers entirely from the statute; (2 R. L. of 1813, 408;) under Avhich Ave act, not as a court, but commissioners. Our poAvers Avere likened to those of a commissioner under the insolvent act. Our award is" therefore like that of any inferior magistrate having a limited jurisdiction; and Ave have…
2Cases cited14 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- Birdsall v. PhillipsNew York Supreme Court · 1837
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
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