People Ex Rel. Eckerson v. Board of Trustees
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 22, 1892, which affirmed the proceedings of defendant as trustees of the village of Haverstraw in acquiring lands of the relators for a public highway in said village. The facts, so far as material, are stated in the opinion. The general law for the incorporation of villages regulates the proceeding in question.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 22, 1892, which affirmed the proceedings of defendant as trustees of the village of Haverstraw in acquiring lands of the relators for a public highway in said village. The facts, so far as material, are stated in the opinion. The general law for the incorporation of villages regulates the proceeding in question. The proceedings prior to the order for summoning the jury, were invalid. (Laws of 1870, chap. 291, § 1.) The method adopted by the board in summoning a jury was not warranted by the…
1Opinion of the Court
Andrews, Ch. J.
It is conceded that the proceedings for laying out streets in the village of Haverstraw are governed by the provisions of the general act, chap. 291 of the Laws of 1870, “for the incorporation of villages.” The provisions on this subject are contained in title seven. Villages incorpor ated under that act are constituted separate highway districts and the board of trustees of any village are made commis^ sioners of highways in and for the village and are authorized to lay out and open streets therein under the conditions and circumstances specified (Tit. 7, § 1). The proceeding…
2Cited by11 opinions
- In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- In Re the Transfer Tax Upon the Estate of PenfoldNew York Court of Appeals · 1915
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- City of Syracuse v. StaceyNew York Supreme Court · 1895
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