West v. McGurn
New York Supreme Court
COMMON law certiorari issued by the supreme court on the application of Bobert West, directed to the county judge of Columbia county, to remove into this court proceedings before referees who were appointed by the county judge of Columbia .county in relation to laying out a private road through the lands of said West, upon the application of McGfurn and for his benefit.
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COMMON law certiorari issued by the supreme court on the application of Bobert West, directed to the county judge of Columbia county, to remove into this court proceedings before referees who were appointed by the county judge of Columbia .county in relation to laying out a private road through the lands of said West, upon the application of McGfurn and for his benefit. After the application of Me* Gfurn, a jury was summoned, who certified the necessity of the road and assessed the damages. Whereupon the commissioners of highways of the town of Canaan, in the said county of. Columbia, laid…
1Opinion of the Court
By the Court,
Ingalls, J.
The important question to be determined is, whether the county judge -was authorized to appoint the referees to hear said appeals. And it is a question not without serious difficult}’-, occasioned by imperfect legislation, which is much to be regretted upon so important a subject.
The constitution of this state provides as follows: “ Private roads may be opened in the manner to be prescribed by law, but in every case the necessity of the road and the amount of all damages to be sustained by the opening thereof shall be first determined by a jury of freeholders, and such…
2Cases cited2 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- People v. RobinsonNew York Supreme Court · 1858
3Cited by1 opinion
- North v. CaryNew York Supreme Court · 1874