People ex rel. De Groat v. Marlett
New York Supreme Court
Application for a peremptory Writ of mandamus.
1Opinion of the CourtForbes, J.
This is a proceeding under an alternative writ of mandamus to compel the defendant, as commissioner *152of highways, to remove obstructions from a public highway in his said town, to open the same, and attach said highway to the proper road district.
I am satisfied that the commissioner of highways had and acquired no jurisdiction to make the order declaring the highway in controversy abandoned. Beyond any dispute, said road was one of the public highways of the town of Laurens and had been used and worked to some extent for forty years prior to the making and filing of the order of abandonment.
The…
2Cases cited9 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- People Ex Rel. Miller v. . WursterNew York Court of Appeals · 1896
- Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
- Marble v. . WhitneyNew York Court of Appeals · 1863
- People Ex Rel. Miller v. . GriswoldNew York Court of Appeals · 1876
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3Cited by6 opinions
- In re Avoca Soil Improvement Co.New York Supreme Court · 1930
- Chanson v. Town of HomerNew York Supreme Court · 1986
- People ex rel. Minard v. DonovanAppellate Division of the Supreme Court of the State of New York · 1930
- Dotsko v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1969
- Hallenbeck v. StateNew York Court of Claims · 1969
1 more not listed; retrieve them via the Exa API.