Spicer v. Slade
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Slade brought an action of debt against Spicer, in the court below, for the penalty of 25 dollars.
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IN ERROR, on certiorari, from a justice’s court. Slade brought an action of debt against Spicer, in the court below, for the penalty of 25 dollars. The plaintiff declared that the defendant was the occupant of a certain piece of land in Pittstomn, through, or by which a certain highway runs, and that the commissioners of highways of the town, under the 20th section of the act relative to highways, ordered the defendant to remove his fences, being on the same road, for an encroachment, so that the highway might be of the usual breadth; but that the defendant continued the same fence for sixty…
1Per curiam
Several objections have been taken to the recovery below, which need not be noticed, since we perceive one which goes to the merits of the case. Before the party can be in default, and liable to the cumulative penalties given by the 20th section of the act to regulate highways, (sess. 24. c. 186.) the commissioners of highways of the town must have given him a previous notice or order of sixty days, to remove his fence. We are of opinion that the requisite order was not made in this case. The words of the statute are, “ Where a highway has been laid out, and the same has been encroached upon…
2Cited by3 opinions
- Stewart v. WallisNew York Supreme Court · 1858
- Town of Sardinia v. . ButlerNew York Court of Appeals · 1896
- Cook v. CovilNew York Supreme Court · 1879